Reviewed as of 10 October 2026. This guide offers general information and is not legal advice. If you spot an error, write to me.
When a work depicts a recognisable person, the authorship of the work coexists with that person’s right to their own image. Painting, photographing or sculpting, and then exhibiting, selling or reproducing the work, involve different uses. The safest way to organise them is to agree them before starting.
What the law protects
Organic Law 1/1982 treats as unlawful intrusion, unless there is consent or an applicable exception, the capture, reproduction or publication of a person’s image by photograph, film or any other means.
The legal wording is broad, but how it applies to a specific work depends on factors such as:
- whether the person is identifiable;
- the manner in which the reference image was obtained;
- the context and the purpose;
- the scope of dissemination;
- the existence and extent of consent;
- social conventions and legal exceptions;
- possible harm to honour or privacy.
No conviene convertir la regla práctica «pide permiso» en una afirmación absoluta sobre cualquier representación. Ante una obra sensible, comercial o de amplia difusión, consulta el caso concreto.
Express consent and revocation
The law rules out unlawful intrusion when the person concerned has given express consent. That consent can be revoked, although revocation may require compensation for the damage and justified expectations caused.
To avoid ambiguity, document the following in writing:
- the identity of the parties;
- the work or session to which it refers;
- the means used to create it;
- uses authorised: exhibition, sale of the original, catalogue, website, social media, press or advertising;
- territories and duration, where relevant;
- whether it is free of charge or paid;
- the form of credit and agreed limitations;
- the handling of reference photographs, video, or audio;
- date and signatures.
Permission to pose does not necessarily mean permission for every later use. Nor does the sale of the original medium, in itself, authorise all reproductions.
Legal exceptions
Article 8.2 provides for, among other scenarios:
- images of people holding public office or in a profession with a public profile, captured during a public event or in places open to the public;
- caricatures of such people, in line with social custom;
- graphic coverage of a public event when a person’s image appears only incidentally.
These are not a general licence for any artistic portrait or any commercial use. In addition, the first exception does not apply to those whose duties require anonymity.
Minors
Organic Law 1/1996 treats as unlawful intrusion the use of a minor’s image or name in the media when it may harm their honour or reputation or is contrary to their interests, even if consent has been given.
Regarding minors:
- consider their maturity and listen to their wishes;
- identify who acts as legal representative;
- avoid uses that could harm them now or in the future;
- strictly define the scope of dissemination;
- do not assume a generic authorisation is sufficient.
There is no universal rule saying that both parents must always sign. Representation and the exercise of parental authority depend on the family situation and on the decision in question. If it is unclear who can consent, or if the project involves significant public exposure, seek advice before publishing.
If you are also collecting data
Identifiable photographs, recordings or reference files may involve the processing of personal data. If you use cameras, sensors or automated systems during the exhibition, see If your work collects data from the public.
The right to one’s own image and data protection are related, but they are not the same. Complying with the GDPR does not replace the analysis under Organic Law 1/1982, or the other way round.
Minimum checklist before dissemination
- Is the person recognisable?
- Is the method of obtaining the reference documented?
- Does the consent cover the specific use?
- Does the work or its presentation affect honour or privacy?
- Are minors or especially vulnerable people involved?
- Will images, audio or other data be kept?
- Was advertising use expressly authorised?