Authorizations for the use of image rights

Authorizations for the use of image rights

A person’s image is not just a visual representation: it is part of their identity and dignity. For that reason, the law protects each individual’s right to decide when, how and for what purpose their image is used. In Spain, this right is enshrined in Organic Law 1/1982 on the Civil Protection of the Right to Honour, to Personal and Family Privacy, and to One’s Own Image.

However, in today’s digital environment where a photograph or a video can be shared in seconds it is increasingly common for companies, institutions and even private individuals to need formal authorizations to use images in order to ensure that everything is done lawfully. Let’s look at what the assignment (cession) of image rights actually involves, when a contract is needed and what an authorization should include to be valid and secure for both parties.

Assignment (cession) of image rights

The assignment of image rights is the agreement by which one person (the assignor) authorizes another (the assignee) to use their image in specified contexts. It can concern a photograph, a video, a portrait or even a voice or silhouette provided the person can be identified.

What matters is that the assignment clearly defines the scope of use: what the image will be used for, for how long, through which media (television, social networks, press, etc.), and whether it may be transferred to third parties. Without such precision, the authorization can be interpreted ambiguously, and in any dispute the individual’s right to their own image will prevail.

In other words, assigning image rights does not mean renouncing them, it means permitting a specific use within agreed limits. It protects both the person who lends their image and the party who uses it, helping to avoid misunderstandings or future claims.

When a contract for the assignment of image rights is necessary

Although verbal consent can have some value, in practice it is always advisable to put it in writing. A contract for the assignment of image rights provides legal certainty and records that the use of the image is carried out with the express consent of the rights holder.

A contract should be signed whenever the image will be used for public dissemination, whether for commercial or institutional purposes. Examples include:

• Publishing photographs of employees or clients on a company website or social media.
• Including images of attendees in corporate or promotional videos.
• Distributing recordings of events, conferences, fairs or educational activities.
• Using a person’s image in advertising campaigns or printed materials.

Even when the use is non-commercial for example, an NGO publishing images of volunteers consent is still necessary, because the right to one’s image protects dignity and personal privacy, not only economic interests.

A special case involves minors. In Spain, children under 14 require the express authorization of their parents or legal guardians. From that age onward they may give consent themselves, although extra caution is advisable if the use could affect their reputation or well-being.

It is also worth noting that the contract should be renewed or revised if uses are expanded (for example, if an image originally used on a website is later intended for an international campaign). Any new use not expressly authorized will require a new assignment.

What an authorization must include to be legal

An authorization or contract assigning image rights must be clear, detailed and specific. It is not enough to sign a simple “I authorize the use of my image”; the document should address several essential elements:

1. Identification of the parties: full name, national ID number (DNI) or other identity document of the person assigning the image and of the recipient (whether an individual or a legal entity). For minors, the parents’ or guardians’ details must be included.
2. Object of the assignment: a description of the images, videos or other materials in which the person appears, and the specific purposes for which they will be used (advertising, social media dissemination, internal training, etc.).
3. Duration and territorial scope: the period for which use is authorized and the territories covered (Spain, Europe, worldwide). If nothing is specified, the authorization is generally considered limited and may be revoked at any time.
4. Media and formats: social networks, websites, television, print press, printed or audiovisual corporate material. It should also state whether the image may be modified or adapted.
5. Whether the assignment is free or remunerated: it must be made clear whether compensation is provided and, if so, the amount and method of payment.
6. Processing of personal data: since an image is personal data, the authorization must include a clause complying with the General Data Protection Regulation (GDPR), specifying the purpose, retention period and the rights available to the data subject.
7. Signature and express consent: the signature of the assignor (and, where applicable, the tutors) legitimizes the document. A revocation clause may also be included to allow withdrawal of consent in the future.

Finally, it is advisable to add a limitation-of-use clause that expressly forbids any dissemination or manipulation not foreseen in the contract, as well as the use of the image in contexts that may be offensive or contrary to the assignor’s values.

In short, the assignment of image rights is a key instrument in a world where visual communication dominates professional and personal life. Formalizing a contract or authorization is not a mere formality: it protects identity and ensures that the use of an image is carried out with respect, transparency and responsibility.

If you are going to use someone’s image whether for a company, an artistic project or a simple social post take the time to do it right: a well-drafted authorization can prevent many problems down the road.