Teresa Siudem: Photography that can cost a fortune

Using an individual's likeness in an advertising campaign without their permission can result in substantial financial penalties, according to Polish law. Article 81 of the Copyright Act stipulates that the distribution of an image typically requires the consent of the person depicted.

There are limited exceptions to this rule. These primarily include the image of widely known individuals when captured in connection with their public duties. Consent is also not required if the person is merely an incidental part of a larger gathering or public event. In all other circumstances, obtaining explicit permission is necessary.

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Dissemination of an image, as a rule, requires the consent of the person depicted.

The responsibility for image distribution lies with the entity using it, not solely with the photographer or advertising agency. Therefore, proactive measures such as clearly defined legal agreements, securing proper consents, and conducting thorough risk assessments before publishing materials are crucial. This ensures compliance and avoids potential legal and financial repercussions.

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The responsibility for its dissemination rests with the entity that uses it.