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Portrait rights and advertisement

Can you use a photo of a well known Dutch in your advertising campaign, eg. that of a famous footbal player during the World Cup? Can you give away key hangers in the shape of a puppet looking like the winning ice skater during the Olympic Games? These are questions that play a role during big events, like the World and European Cup Football, the Olympic Games, Tour de France, Charity Concerts etc. because many people would like to free ride on the populaity and or actuality of those events.

 

What can be done and what cannot be done?

Portrait rights are part of copyright law and is one of the very few law fields of intellectual property that are not harmonised. The question thus whether a celeb can be used needs to be answered according to the law of the country where the portrait will be used.

Markenizer helps you finding the answers in The Netherlands. Would you like to start an action abroad than it is not difficult for us to function as the spider in the web and have your questions answered by our colleague-specialists.

For examples: see also from practise

Would you like advice on a planned advertisement campaign? Please click here.