Do we have exclusive image rights? Does it apply in all circumstances and are there exceptions? Do parents have the right to post photos of their children on social networks without their permission? What to do when his image rights are violated?
The students of the Jules Ferry college, in Sainte-Geneviève-des-Bois in Essonne, ask us about their image rights. To answer them, we contacted Maître Marie-Hélène Fabiani, lawyer at the Paris Bar, member of the Council of the Bar Association, she regularly intervenes on questions of image rights.
Noémie wonders what “image rights” and Yallis saw on The echoes just in France “each person has an exclusive right to his image”he wonders if it’s true.
The right to the image is the principle that gives anyone rights over their physical image, but also their voice and all the attributes of their personality. The right to the image makes it possible to control its image and thus authorize or not the reproduction and the public diffusion of its image. Mbe Marie-Helene Fabiani precise “that no one has the right to use the image of a third party without their authorization.” She explains to Noémie that “nobody can use her image without her consent or rather that of her parents since she is a minor and they must sign a written document for the use of the image of their daughter.” Finally, master Marie-Hélène Fabiani confirms to Yallis that “everyone has an exclusive right to the image that he can monetize according to his degree of notoriety.”
Evan saw “on TikTok that when we are in a public place, image rights do not apply” and he wonders if it’s true. For his part, Gautier “heard that we had the right to take a picture of someone in the street and use it without their consent” and there again he wonders if this assertion is true.
Evan and Gautier talk here about possible exceptions where image rights do not apply. It is true that there are a few rare exceptions where image rights do not apply. It depends on the context where your image was captured and how it will be exploited and disseminated.
Master Marie-Helene Fabiani explain that “If you take part in a demonstration and a journalist takes a photo or reports showing the crowd present that day, then we will see a lot of people and if you appear in the distance in the middle of these people, you will not be able to not assert your image rights.” She specifies that in this case, “your image rights come after the principle of the right to information because you are not the main element of this photograph.” On the other hand, explains the lawyer “if your image is isolated or a photographer takes a photo of you in the street and then uses it to exploit it and you are recognizable and the main subject of this photo, then there, the right to image applies and your permission is required.”
Felix tells us that his parents show him photos of him and his little sister that they posted on Facebook without their permission. He wonders if it’s true that “His parents or legal guardians may post pictures of him and his sister on social media without their permission.”
Master Marie-Helene Fabiani replies that “yes, they can as long as they have parental authority, but it must still be suitable for the child and the photos must not be inappropriate.” Therefore, parents, in the name of parental authority, have the right to post photos of their children on social networks as soon as “it does not cause difficulties and problems for the child” and Master Fabiani adds that despite everything “the child retains his right to the image which belongs to him, even if the parents continue to sign the contracts for him until his majority.”
The bar association council member advises parents to be careful with posting photos of their children on social media, as this is sensitive information that should not be disclosed. She also advises posting pictures of the child.”back and avoid showing his face for more security.“
We took the opportunity to ask master Marie-Helene Fabiani, what is the procedure if his image rights are violated. It can happen very quickly, a photo of you in the playground that ends up on social networks without your permission and which can lead to cyberbullying. This is why master Fabiani explains that we must immediately talk about it “to the college, to our parents and to use the means offered by social networks which allow us to quickly delete an image of ourselves when we have not given the authorization for its dissemination and exploitation.
For example on Twitter, Facebook or Snapchat, you can report content where you appear to request its removal. If that doesn’t work, don’t hesitate to hire a lawyer and sue the author of that stolen photo of you.