May a business use my photo in advertising without consent?
Never without explicit + written consent. Portrait law + GDPR = dual claim possible. Cruijff jurisprudence = compensation.
Commercial use of portrait without consent = classic dual-right infringement: portrait law (Dutch Copyright Act Art. 21) + GDPR. What counts as commercial use? Print ad, online banner, product packaging, testimonial website, social media ad, sponsor poster, app screenshot in advertising, embedded video in marketing video. Requirements for legal use: (1) Explicit consent — not "we have the photo, so we may use it". (2) Written (model contract) specifying: duration, channels, uses, revoke procedure. (3) Compensation — customary in commerce. What to do on overreach? (1) Demand letter to advertiser + commissioner + executing agency (all three jointly liable). 14-day deadline. (2) portrait-right generator (€9.99). (3) On refusal: preliminary injunction for stop + penalty + advance on damages. (4) Full proceedings for complete Cruijff compensation — typically €500-€2,500 for amateurs, €2,500-€25,000+ for professionals, 6-figure for celebrities. (5) In parallel GDPR Art. 17 erasure + AP complaint. Fine risk for business: Cruijff ruling (Dutch SC NJ 2013/390) + recent rulings for influencer content. Reason: commercial advantage without licence = unjustified enrichment.
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