Argentina: Image rights in the new Civil and Commercial Code

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Argentina: Image rights in the new Civil and Commercial Code

As we have explained in previous briefings, the new Argentine Civil and Commercial Code contains several sections that refer, both directly and indirectly, to intellectual property matters.

For example, the new code addresses in section 53 the subject of right to the image, and it does so in terms similar to those of section 31 of law 11,723 (Intellectual Property Law).

The right to the image has double content:

  • A positive aspect: the holder's right to authorise the publication and reproduction of his or her image, and from a more general perspective, to obtain an image-related economic profit.

  • A negative aspect: the right to prohibit third parties from obtaining and publishing one's own image.

The above-mentioned Section 53 of the new code is broader than Section 31, because while the latter refers exclusively to the portrait (although both doctrine and case-law had widened their scope when interpreting it), the new section now includes any registration: visual, auditory or audiovisual.

It arises from Section 53 that the holder's consent is required not only for the reproduction or publication of the image or the voice, but also for the capturing thereof.

Another significant difference compared with the previous text is that as the new regulation does not foresee the expression "it may not be commercialised", any capturing effected without the holder's consent, whether or not it is placed in commerce, will be illegal.

zuccherino.jpg

Daniel R Zuccherino


Obligado & CiaParaguay 610, 17th FloorC1057AAH, Buenos Aires, ArgentinaTel: +54 11 4114 1100Fax: +54 11 4311 5675admin@obligado.com.arwww.obligado.com

more from across site and SHARED ros bottom lb

More from across our site

Emma Green, partner at Bird & Bird, shares why the Iceland v Iceland dispute could prompt businesses and lawyers to think differently about brand enforcement
Attain IP, developed by two UK patent lawyers, will meet ‘forensic’ needs of patent attorneys by showing a verifiable reasoning chain, according to its co-founders
The High Court of Australia has allowed a fashion designer to retain her registered ‘Katie Perry’ trademark for clothing
Sim & San secured the win for Dr. Reddy’s, which will allow the pharma company to manufacture and export semaglutide, the active ingredient in Ozempic
Lucas Amodio joins our ‘Five minutes with’ series to discuss artificial intelligence systems and patent law
The Americas research cycle has commenced, so don't miss the opportunity to submit your work
Practitioners have welcomed extended funding of the specialist police unit until 2029, while the UKIPO says it is exploring increased scale
Abion says integration with Baylos marks an important step in the company’s international expansion plans
Via Licensing Alliance continues its China push as another smartphone manufacturer joins patent pool as licensee
Law firm mergers have the potential to reshape IP teams, and partners who were at the coalface of previous tie-ups say early coordination and flexibility can make the difference
Gift this article