The Right to the image in the doctrine and jurisprudence of Polish courts: analysis of selected problems

Maria Łoszewska-Ołowska

English version of the article

The image is one of the personal rights particularly vulnerable to violations in the course of both the press activity and advertising actions. The manner in which this concept is defined stems from the attainments of the doctrine and jurisprudence. On the basis of the aforementioned sources, the legislator has determined the conditions that must be met by the institution of consent repealing unlawful dissemination of image and other circumstances justifying the publication of image, despite the lack of consent of the person portrayed. The article, presenting various legal measures and relying on decisions of the courts, indicates the boundaries of the right to the image and determines the acceptable scope of its use.

KEYWORDS

image, representation, dissemination, consent, well-known person, detail of a larger whole