The ELZABURU firm has had the pleasure of collaborating with the Thomson-Reuters Aranzadi publishing house on the work Fashion Law, a pioneering treatise in Spain on fashion law, which was presented on April 16.
With these small weekly summaries, the ELZABURU professionals who have collaborated on the work offer us a brief overview of their contribution:
Image rights in the world of fashion
The image right is an essential piece in the world of fashion, the trend of this market having evolved towards the search for dialogue between the brand and the consumer, in which The image associated with the brand symbolizes a lifestyle.
The chapter we have prepared addresses the concept of image rights and its limits, the applicable legislation, common uses in the fashion sector and its defense.
We highlight the importance of authorizing image rights through a contract in which the transfer of the object of exploitation (image, voice and/or name) is delimited, the rights that are authorized are listed (for example: collection, distribution), its purpose is established (for example: advertising), media authorized, temporal and territorial scope. As well as, if there are any, the personal benefits that must be made for the advertising promotion of a product and exclusivity or non-competition.
Being a very personal right is inalienable and inalienable, and therefore revocable. That is, it can be “canceled” at any time as long as compensation is provided for the damages caused, including justified expectations.
This chapter also addresses the figure of “brand ambassador” and the new actors in the social media (influencers, bloggers, y y twitterers), whom fashion brands select for their personality and character to represent them, in some cases requiring them to preserve their reputation.
Finally, some examples are named in which image rights have been violated due to breach of contract, overreach of the image by the brand, breach of contract due to infringement of the right of exclusivity by the owner of the image rights and even for identity theft and unauthorized use by the brand.
Author: Cristina Espín
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La Fashion Law series It is made up of the following deliveries:
1. The protection of brands in the fashion sector (23.04.2018)
2.The protection of designs in the fashion sector (30.04.2018)
3.Patent protection in the fashion sector (07.05.2018)
4.Protection of fashion through copyright (21.05.2018)
5.Image rights in the world of fashion (28.05.2018/XNUMX/XNUMX)
6.Data Fashion: privacy and data protection issues (04.06.2018)
7.FAshion Law. Counterfeiting and piracy in fashion (11.06.2018)
8.Fashion Law. Exhaustion of rights in the fashion sector (18.06.2018)
9.Corporate reputation in the fashion sector (25.06.2018)
10.Protection of the commercial image of a fashion brand (04.07.2018)
11.Fashion 4.0: websites, apps and social networks (13.07.2018)
12.Valuation of intangibles (17.07.2018)
13. Discharge (06.09.2018)
