BASHAM NEWS

The First Chamber of the Supreme Court concluded that the Right to Personal Image also protects likeness, appearance and imitation.

Mexico City, February 13, 2023.

The First Chamber of the Supreme Court of Justice of the Nation (SCJN) solved three direct amparos related to a decision over a dispute for the unauthorized use of the image of a singer-songwriter, through an impersonator, in an advertising campaign of companies dedicated to the sale of automotive vehicles.

The First Chamber concluded that the Right to Personal Image, in its imitation aspect, is protected by the Federal Copyright Law, since the scope of protection of this right is not limited to the image or photograph, but also protects the likeness, appearance and imitation of the features that make a person recognizable.

Indeed, the image or portrait should not be interpreted restrictively to consider that only exact photographs or drawings that evoke the artist can be considered for the purposes of protecting the right to one's own image, but rather that the scope of protection should include any visual representation of a person, that is, any copy of the traits of any person regardless of the technique by which the reproduction is made.

The copyright and entertainment area of our firm is at your service for any questions or comments on this subject and to help you obtain the best protection for your Image.

 

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Juan Carlos Hernández

jhernandez@basham.com.mx

 

Eduardo Castañeda

ecastaneda@basham.com.mx

 

Mariana Vargas

mavargas@basham.com.mx

 

Santiago Zubikarai

sgonzalez@basham.com.mx

 

Luis Alberto Gonsen

lgonsen@basham.com.mx