What is portrait law in the Netherlands? (Dutch Copyright Act Art. 19-21)
Dutch Copyright Act Art. 21: a recognisable image of you may not be published if you have a reasonable interest in stopping it.
Portrait law (portretrecht) is a separate Dutch right (Copyright Act Art. 19-21) existing alongside GDPR. It governs when a recognisable image of a person may or may not be published. Difference vs GDPR: GDPR covers processing of data (incl. image), portrait law covers publication of the image in media and expressions. Often runs in parallel — an unlawful photo can be both a GDPR violation and a portrait-law breach. Two scenarios: (1) Photo commissioned (e.g. wedding, professional photoshoot) — Art. 19-20: publication ONLY with consent of the subject. (2) Photo not commissioned (e.g. street photography, media photo, social media) — Art. 21: publication prohibited if the subject has a reasonable interest to prevent it. What is "reasonable interest"? Case law gives 4 categories: (a) commercial interest — when your image is commercially used without payment. Cruijff ruling 2013: celebrities receive compensation for commercial use. (b) privacy interest — image at sensitive location (hospital, home), naked/intimate photo, child in compromising situation. (c) reputation interest — photo placing you in unfair negative light. (d) safety — face of witness, victim, secret role. What IS allowed? Press freedom + public debate (politicians, demonstrations), historical interest, artistic expression with low identification. ECHR and Dutch Supreme Court balance. How to enforce? Demand letter to photographer/publication → civil injunction for stop + removal + damages (Dutch Civil Code Art. 6:162 unlawful act). Generate our letter: portrait law claim (€9.99).
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