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

Arrival of Caitlin Heard will bolster soon-to-be-merged Ashurst Perkins Coie’s IP presence in London
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Brazilian in-house counsel say law firms’ technology investments have not translated into tangible benefits, meaning tech use is a minor factor when selecting advisers
Gift this article