Illegitimate intromissions and consent
The right to the image is a fundamental right that has two positive aspects (i): the right to obtain, reproduce and publish the image itself and authorize third parties to do so (ii) negative: the right to prohibit the reproduction and publication of the image itself by a third party that does not have our consent.
Therefore, it will be considered, for example, illegitimate interference with the capture, reproduction or publication of a photograph, without consent, of the image of a person in places or moments of his private life or outside of them, with the exception of a public figure and the image is captured during a public act or in places open to the public.
Also it would be excepted when it is a caricature of the same, according to the social use. The use of the name, voice or image of a person for advertising, commercial or similar purposes, without the aforementioned consent, will also be considered illegitimate interference.
As is known, the owner can use his image (voice, image, name) for commercial, advertising purposes, obtaining an economic return from the exploitation of said right. For third parties to use your image, an express authorization is necessary.
Thus, for example, when a person authorizes the publication and reproduction of their photographs or of a portrait, it must be borne in mind that they only partially cede some of the faculties of their right to the image without this constituting a total waiver of the right to the image.
What is consent?
Consists of the authorization or declaration by which the owner of the right to the image allows the reproduction or publication of the same. It can be granted before or after the date of obtaining, reproduction or publication.
The consent must be granted expressly and may be onerous or free of charge.