My photo appears in an ad or marketing without consent — what now?
Dual claim: portrait right (Dutch Copyright Act Art. 21) + GDPR. Immediate removal + damages claim (comparable licence fee is benchmark — Cruijff ruling). On refusal: preliminary injunction.
Commercial use of your photo without consent = dual infringement: portrait right (Dutch Copyright Act Art. 21) AND GDPR (photo = personal data, marketing purpose requires consent Art. 6(1)(a)). Damages — Cruijff jurisprudence: Dutch SC 14 June 2013 NJ 2013/390 established that even non-celebrities have a right to a "verdienpremie" (earnings premium) on commercial use. Benchmark: the licence fee you could have demanded + upward correction for not asking. For amateurs typically €500-€2,500, for professionals €2,500-€25,000+, for celebrities up to 6-figure amounts. Steps: demand letter to advertiser + commissioner + executing agency (all three — jointly liable). Removal within 14 days + damages. No response? Preliminary injunction for immediate stop + penalty. Important detail: if you ever granted a stock-photo licence, check exact terms — often limited to "editorial", not commercial. Misuse = infringement.
Step by step
Secure evidence
Screenshots of ad + every location used + date. The bigger the campaign, the bigger the claim.
Demand letter to all 3 parties
Advertiser + commissioner + executing agency — jointly liable. Portrait right generator. 14-day deadline.
GDPR Art. 17 erasure request
In parallel to portrait right. GDPR rights pack (€29) has the letters.
On refusal: preliminary injunction + damages claim
Preliminary-relief judge — immediate stop + penalty + advance on damages. On large campaigns: full civil proceedings for complete Cruijff compensation.
Sources
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