Argentina: Image rights in the new Civil and Commercial Code

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2024

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 ros bottom lb

More from across our site

Managing IP goes behind the scenes to uncover what happens when setting up an SEP licensing programme for electric vehicle chargers, and discovers why law firms play a crucial role
Exclusive data and in-house analysis show that law firms are able to respond quickly when engaging with in-house clients but struggle to make the grade when it comes to the quality of their answers
Penelope Aspinall, of wellbeing charity Jonathan’s Voice, explains why a newly published mental health hub for the IP community could prove to be a vital resource
The dispute, which centres on the patentability of a computer program, has seen multiple twists and turns
Paul Hastings said the hire of litigator Alex Morgan underscores the firm’s commitment to strengthening its London-based IP team
The Unified Patent Court’s first FRAND judgment, a patent blow for Samsung, and a new design law treaty were among the top IP stories this week
Leaders at Morgan Lewis discuss the firm’s bold ambitions for Europe and why it feels it can offer a boutique experience within a full-service setting
Firms in Canada explain how they’ve adapted to a rule change in 2017 that has made advocacy skills more important in pharma disputes
Leaders at some IP businesses are looking to consolidate the fragmented market and, considering the benefits, their rivals may want to follow suit
Counsel at three US firms explain how they are expanding their UPC teams or if they are looking to partner with European firms
Gift this article