Snapshots on the Right to One's Own Image. An Analysis of Current Legislation, Caselaw and Comparative Law

Abstract

This article deals with the analysis of the right to the image, considering for this purpose its evolution in different legal systems to reach its current conception. To this end, the characters, legislation and jurisprudence are taken into account. Mainly, the case of Argentina is taken as a reference and then its protection in comparative law is developed, specifically in the USA, Spain and Portugal. As it will be exposed throughout the work, depending on the territory in question, the right to the image has different scope and protection. Nevertheless, it should be noted that certain elements are common and are reiterated in a large number of jurisdictions. In this sense, the definitions of the right under study have been modernized over time, adapting to the changing scenarios that have arisen. It is worth noting that the development of technology has had a substantial impact on this right, especially due to the proliferation of devices accessible to the public that allow the instantaneous capture of images that, in turn, can be immediately reproduced and massively disseminated to any part of the world. This has given rise to a right that, like so many others, requires a dynamic regulation that can be adapted to each era.