PR Supreme Court: Written Consent Needed to Use Images of Employees, Contractors Commercially

Why It Matters

Employers and agencies now face clear liability for any commercial use of a person’s image without a written transfer, prompting immediate contract revisions and risk‑mitigation strategies. The ruling reinforces the enforceability of Puerto Rico’s right‑of‑publicity statutes, influencing image‑use practices across the island’s media and education sectors.

Key Takeaways

• Written consent required for commercial image rights in Puerto Rico.
• Verbal agreements insufficient; consent can be revoked anytime.
• Single post‑termination use triggers statutory damages.
• Employers face $20,000 liability per unauthorized use.
• Federal copyright does not preempt Puerto Rico publicity law.

Pulse Analysis

The Puerto Rico Supreme Court’s decision in Friger Salgueiro v. Mech‑Tech College marks a pivotal moment for the island’s right‑of‑publicity landscape. By insisting that only a written agreement can transfer commercial image rights, the court eliminates any ambiguity that previously allowed employers to rely on verbal assurances or implied consent. This interpretation aligns with Article 5 of the 2011 Right of Publicity Act, underscoring the personal nature of an individual’s likeness and the statutory safeguard against unauthorized commercial exploitation. The ruling also confirms that federal copyright provisions do not override Puerto Rico’s distinct publicity protections, preserving a separate legal avenue for image‑related claims.

For businesses, educational institutions, and marketing firms operating in Puerto Rico, the judgment mandates a thorough audit of existing contracts and consent forms. Any promotional material featuring employees or contractors must now be backed by a signed document that explicitly outlines the scope, duration, and commercial intent of image use. Moreover, the ability of individuals to withdraw consent at any point—even after termination—means that ongoing monitoring and prompt removal of content upon request are essential to avoid statutory damages. Companies should integrate consent management workflows, retain clear records, and train legal and creative teams on the new compliance requirements to mitigate exposure.

The broader implications extend beyond Puerto Rico, as the decision may influence how multinational firms approach image rights in other jurisdictions with strong publicity statutes. Legal counsel is likely to advise adopting a uniform, written consent policy across all territories to ensure consistency and reduce the risk of fragmented compliance. As organizations adapt, they will also need to consider the cost‑benefit of renegotiating legacy agreements versus developing new standardized templates. Ultimately, the ruling serves as a reminder that personal branding and image rights are valuable assets that demand explicit, documented permission before any commercial exploitation.