Paco el de la carne» and image rights

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In the world of digital marketing, the use of images plays a fundamental role in capturing the public's attention and effectively conveying messages. However, this use poses legal and ethical challenges when it comes to image rights, especially if the people portrayed in these images have not given their explicit consent for their use for commercial purposes.

Contents hide
1 “Paco el de la carne” and image rights
1.1 The case of Francisco Rodríguez Campos and Epidemic Sound
1.2 Using free image banks: a solution or a risk?
1.2.1 Free image banks and legal protection
1.3 Image rights as a fundamental legal aspect
1.3.1 Exceptions to the image rights law
1.4 Consequences of misusing images in advertising campaigns
1.4.1 Impact on brand reputation
1.5 How to avoid problems with image rights in marketing
1.6 Conclusion
«Paco el de la carne» and image rights
In this article, we will discuss the importance of image rights policy in marketing, using a recent and peculiar case as an example: the unauthorized use of the image of Francisco Rodríguez Campos, a well-known hotel entrepreneur from Granada, in an advertising campaign in the New York subway.

The case of Francisco Rodríguez Campos and Epidemic Sound

Francisco Rodríguez Campos, better known as Paco "el de la Carne", is a well-known figure in Granada, both for his active participation in Holy Week and for his work in the hospitality industry.

Epidemic Sound , a Swedish company, used his image in an advertising campaign. This campaign was shown on the screens of the New York subway. The aim was to promote their royalty-free subscription music service. The slogan of the campaign was “You provide the idea; we provide the sound.” It showed an emotional Paco, in a suit and medal, watching the Virgin of Los Remedios pass by in Granada.



Image rights policy in marketing: The case of Francisco Rodríguez Campos



The fact that Paco was unaware of the existence of this campaign was the most surprising thing. He learned about it from an employee of his, who was on vacation in New York, when her son saw the ad and exclaimed: “Look, Mom, there’s your boss.” This situation raises a crucial question for marketing companies: is it legal to use a person’s image in a campaign without their consent?

Using free image banks: a solution or a risk?
In this case, Paco's image was taken from a free stock image bank. This adds a layer of complexity to the issue of image rights. Free stock image banks offer photos for commercial and non-commercial use at no cost. However, this does japan telemarketing data not mean that the people in the photos have given their permission.

The responsibility for verifying whether a person's image can be used in a campaign falls on the company that decides to use it, even if it comes from a free repository.

Free image banks and legal protection
Free stock image banks often include clauses in their terms and conditions that exempt the image provider from liability if the image is used incorrectly. This means that ultimately the company using the image is responsible for ensuring that image rights laws are being complied with.

In this case, Epidemic Sound could have downloaded Paco's image from one of these banks without being aware of the legal implications. However, the fact that the image is available on an image bank does not mean that one is completely free to use it without considering the applicable laws regarding image rights. The consent of the person portrayed is crucial , especially when it comes to advertising.


Image rights as a fundamental legal aspect
The right to one's own image is a fundamental right protected by law in many countries. In Spain, the right to one's own image is protected by Organic Law 1/1982. This law protects people's honour and privacy. It also protects their own image. According to this law, using a person's image for commercial purposes without their permission can be a violation. This can result in a claim for damages.

The regulations state that, except in specific circumstances (such as public events or events of general interest), it is necessary to obtain the consent of the person whose image is to be used. This includes situations such as advertising campaigns or any use for profit.

In Paco's case, his image was used in an advertising campaign in another country, but he had not given his consent for it to be used in that way, which opens the door to a possible legal claim.

Exceptions to the image rights law
Sometimes, the law allows the use of a person's image without their permission. This happens if it is related to public events. Examples are demonstrations, sporting events or situations in public places. However, the use of Paco's image in an advertising campaign does not fall within these exceptions, since the main purpose is commercial and not informative.

Furthermore, even though the photo was taken at a public event (Easter), the company still needs Paco's permission. This is necessary to use his image in advertising. It is important to distinguish between informative use and commercial use of an image, as the legal implications are very different.

Consequences of misusing images in advertising campaigns
Image rights policy in marketing: The case of Francisco Rodríguez Campos

Unauthorized use of a person's image in an advertising campaign can have significant legal repercussions for the company responsible. These consequences include financial penalties, damage to the brand's reputation, and even the obligation to withdraw the campaign. In many cases, image rights infringement lawsuits can result in significant compensation for the affected person.

In Paco's case, he himself humorously expressed that he would consider demanding image rights . If he decides to take legal action, he could claim financial compensation for the unauthorized use of his image in a commercial context.

Impact on brand reputation
In addition to legal implications, unauthorized use of images can also damage a brand's reputation. Consumers expect companies to act ethically and respect the rights of individuals, including those whose images they use in their advertising campaigns.

People value transparency and accountability. In this context, brands that fail to adhere to these principles may lose the trust of their customers. They may also lose their loyalty.