What actions should be taken to avoid litigation? Image utilisation authorisations
The right to privacy through the protection of image rights is mainly based on the authorisation of the person concerned. In fact, for a person’s image to be used, the latter must give his or her express permission.
This authorisation must always mention the purpose of the authorisation, its scope (which photographs are concerned), the context, the authorised distribution medium and potentially a deadline for distribution.
The firm’s team assists its clients and advises them on the privacy rights that each client can claim to protect.
Thanks to recent legislative developments in response to the evolution of online platforms, the Dreyfus team guides you in protecting the image and privacy of minors under 16 years of age, in particular on online video platforms (Youtube, Instagram, TikTok, Twitch…).
Which pre-litigation actions can be taken to stop the violation ?
In order to successfully establish a claim against an infringement of image rights, three cumulative conditions need to be met:
– the natural person is recognisable or identifiable in the publication,
– the image is broadcast to the public and;
– the absence of consent from the rightful owner of the image.
The Dreyfus & associés team will assist you in sending a letter of formal notice to the author of the publication in order to stop the infringement, ultimately avoiding the litigation process.
Subsequently, if the dispute concerns an image taken in a public place, the firm advises its clients on the application process to the interim relief judge in order to stop the infringement and obtain the withdrawal of the images as well as compensation for the damage.
Our experts will guide you in making direct contact with the person responsible for the broadcasting in order to instruct them to stop the infringement. If this request has not been met within two months, it will be possible to refer the matter to the CNIL.
Delisting of websites
Internet users can request search engines to dereference a result that would infringe their privacy. Dereferencing does not mean that the information is removed from the Internet, but simply that the search results on the search engine are deleted.
The experts of the Dreyfus team support you in the different steps to be taken in order to delist a harmful result.
With exceptional expertise in the field, the Dreyfus team will evaluate the chances of success of possible litigation actions so as to protect the privacy of its clients