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Portrait rights (portretrecht) are the rights a person has under Dutch law against the publication of a recognisable image of them. A portrait made on that person’s commission may not be published without their consent, unless otherwise agreed (Article 20 Dutch Copyright Act). Any other portrait may not be published if the person has a reasonable interest in opposing publication (Article 21).
Portrait rights protect both privacy and commercial interests. They matter more than ever, because photos and videos spread quickly through websites and social media. The rules are in Articles 19-21 of the Dutch Copyright Act (Auteurswet), part of Dutch copyright law. Publishing a portrait without being entitled to do so is also a criminal offence (Article 35 Auteurswet). This page explains when you can object to publication, and what businesses must arrange before they use someone’s image.
When Does an Image Constitute a Portrait in Legal Terms Under Dutch Law?
A portrait comprises any recognizable depiction of a person. Facial features form the most obvious means of identification, yet the legal definition extends further. A characteristic body posture, specific clothing choice, distinctive attributes, or immediate surroundings can make someone identifiable as well.
Even when the face is covered, for example with a black bar over the eyes, the image may still be a portrait. Courts assess whether the person can be recognised from other aspects of the image. A portrait is an image of a person, made in any way, in which that person can be recognised. An image of a lookalike can be a portrait of the person he resembles, but only if that person can be recognised in it and the chance of recognition is increased by additional circumstances, such as make-up, clothing or the context of publication. That the image is a parody does not prevent it from being a portrait, but it can count in the balancing of interests (Supreme Court 22 April 2022, ECLI:NL:HR:2022:621).
The technique used to create the portrait plays no role. Photography constitutes by far the most common form, but paintings, drawings, three-dimensional sculptures, or digital creations also receive protection. However, legal discussions arise primarily around photographs and video material, as these disseminate more easily.
What Determines Portrait Rights for Commissioned Works in Dutch Law?
Articles 19 and 20 of the Dutch Copyright Act regulate portraits made on the commission of the portrayed person, or on their behalf or for their benefit (Article 19(4)). This category arises when you hire a photographer for portfolio photos, wedding reportages, or professional portrait photography. For commissioned portraits, the portrayed person controls publication, unless otherwise agreed (Article 20(1) Dutch Copyright Act).
The person who holds the copyright, usually the photographer, may not publish the portrait without the consent of the portrayed person or, for ten years after that person’s death, of the surviving relatives. If one image shows several people, all of them must consent (Article 20(1)-(2)). Conversely, reproduction of the portrait by or on behalf of the portrayed person does not infringe the copyright (Article 19(1)). The portrayed person may also have a photographic portrait published in a newspaper or magazine, provided the maker’s name is mentioned if it appears on or with the portrait (Article 19(3)).
A third party that wants to publish a commissioned portrait therefore needs a licence from the copyright holder and should also obtain the consent of the portrayed person, because the copyright holder may not publish without it. This protects both: the portrayed person keeps control over the image, and the photographer keeps the copyright.
Consent to be photographed does not automatically mean consent to every publication. Employers regularly overlook this with corporate photography: an employee who agrees to a photo shoot has not thereby agreed to every commercial use of the image. Whether consent was given, and for what, is assessed under the general rules of contract law, and consent can be express or implied (see the Coolblue case below).
How Do Portrait Rights Work for Non-Commissioned Photos in the Netherlands?
Article 21 of the Dutch Copyright Act governs portraits not made on commission. This situation occurs daily: street photography, news photography, photos during events, or incidental images in public spaces. Such a portrait may be published, unless a reasonable interest of the portrayed person or, after their death, of one of the surviving relatives opposes publication (Article 21). This rule applies not only to the maker, but also to anyone else who publishes the portrait (Supreme Court 14 June 2013, ECLI:NL:HR:2013:CA2788, para. 3.4(a)).
The portrayed person can only oppose publication when they have a reasonable interest. Courts weigh the right to respect for private life (Article 8 ECHR) against freedom of expression and information (Article 10 ECHR), taking into account all circumstances. Relevant factors include who the person is, where and how the image was made, how intimate it is, the character of the image, the context of the publication and its news or information value (Supreme Court 2013, para. 3.4(d)). Neither right takes precedence in advance (Amsterdam Court of Appeal 15 August 2017, ECLI:NL:GHAMS:2017:3247, para. 3.5). The Supreme Court also held that prior consent is not required as a general rule for publishing a non-commissioned portrait (para. 3.5).
A reasonable interest can concern privacy as well as commercial interests (para. 3.4(b)). If publication infringes the person’s privacy, there is in principle a reasonable interest that opposes it (para. 3.4(c)). For people who are not publicly known, the privacy interest usually weighs heavily. For people known through their profession, publication of photos of that professional activity taken in places accessible to the public is to some extent inherent in that fame, so news and information value then carry great weight (para. 3.6.2).
The Supreme Court referred to its Vondelpark judgment of 1 July 1988 (ECLI:NL:HR:1988:AB7688) and its Discodanser judgment of 2 May 1997 (ECLI:NL:HR:1997:ZC2364) for the rule that an infringement of privacy in principle gives a reasonable interest that opposes publication (Supreme Court 2013, para. 3.4(c)). A photo taken in a public place does not by itself justify every publication: what matters is how and in which context it is published.
What Role Does Privacy Play in Portrait Rights Under Dutch Law?
Privacy forms the most common reasonable interest through which portrayed persons oppose publication. The General Data Protection Regulation (GDPR) strengthens this protection by regulating personal data. When a recognizable portrait is processed as personal data, both portrait rights and GDPR provisions apply.
The Volkskrant case illustrates this balance. In 2016, the newspaper printed a front-page photo of a recognisable motorist being stopped at a security check near Schiphol Airport, with the headline “Is Schiphol nog veilig?” (“Is Schiphol still safe?”) across it. The article was about the tighter security checks, not about the people checked. The Amsterdam Court of Appeal held that the combination of photo and headline did not match the article, so the man had a reasonable interest in opposing publication of his portrait in that context. It upheld the interim relief judgment awarding him an advance of €1,500 on compensation for non-material damage (Amsterdam Court of Appeal 2017, paras. 3.2 and 3.6-3.11).
Courts weigh the privacy interest of the portrayed person against the societal interest of publication. News value regularly justifies publication, even against the portrayed person’s wishes. Commercial use without news value, however, often falls short.
The association a portrait creates plays an important role. If your portrait appears in an advertisement, the public will link you to the product or service and will generally assume that you consented and support it. Using a portrait in this way is therefore in principle an infringement of privacy, which gives a reasonable interest to oppose publication. The advertiser’s commercial interest, although protected by freedom of expression, did not weigh heavily enough in that case (Supreme Court 2 May 1997, Discodanser, ECLI:NL:HR:1997:ZC2364).
What Does Financial Interest Mean for Portrait Rights in Dutch Law?
Well-known individuals can often earn money with their portrait. Influencers, athletes, actors, and other public figures exploit their image commercially. When others use their portrait without permission for commercial purposes, this damages their financial interests.
People with what Dutch courts call “marketable popularity” (verzilverbare populariteit) need not accept that the popularity they gained through their profession is exploited commercially by publishing their portrait without them receiving a fee. Sharing in the proceeds of that exploitation is a reasonable interest under Article 21 (Supreme Court 2013, para. 3.4(f)). Selling merchandise with a photo of a pop star taken at a concert can be an example.
Portrait rights do not, however, give an exclusive right to exploit one’s image, and prior consent is not always required (para. 3.7). If only a commercial interest is at stake, whether a reasonable fee was offered can play an important role in the assessment (para. 3.6.3). If a reasonable fee was offered and privacy is not at issue, additional circumstances are in principle needed to make publication unlawful, for example harm to the way the person wants to exploit their fame (para. 3.6.3).
Businesses should therefore not use portraits of well-known people in marketing without a licence. Apart from the commercial interest, use in advertising also creates the association discussed above.
How Do You Protect Portrait Rights in Employment Relationships According to Dutch Law?
Employers regularly use portraits of employees for commercial purposes: corporate brochures, websites, recruitment campaigns, or promotional videos. This situation requires careful legal attention. Consent to create photos does not automatically imply consent for commercial use.
An employment contract can contain provisions on portrait rights, and that helps. In the Coolblue case, a former employee claimed damages and an injunction because his photo was used on delivery vans and he appeared in a promotional video. His employment contracts, which he had signed twice, contained a clause allowing Coolblue to use images with his portrait, also after the employment ended, and the later extensions kept the same terms. He had also taken part in a photo shoot after a briefing on how the photos would be used.
The subdistrict court in Rotterdam held that he had consented both expressly and impliedly, and had therefore given up the right to oppose publication under Article 21. The claim under the GDPR also failed: the court found a legitimate interest for Coolblue, taking into account the high cost of stopping the use and the fact that Coolblue was phasing out his portrait on the vans and had removed the video (Rotterdam District Court 17 December 2021, ECLI:NL:RBROT:2021:13048).
For employers, the lesson is to agree in writing which images may be used, for which purposes and for how long, including after the employment ends, and to brief employees clearly before a photo shoot. This helps prevent costly disputes.
When Does No Right to Invoke Portrait Rights Exist in the Netherlands?
Article 21 contains no fixed exceptions. In some situations, however, the balancing of interests usually goes against the portrayed person, even without consent. This reflects other interests such as news gathering and freedom of expression.
News value regularly justifies publication. Photos accompanying news reports, journalistic reportages, or socially relevant documentaries receive protection through freedom of expression. The general interest of free news gathering often outweighs individual objections. Courts assess on a case-by-case basis whether news value exceeds privacy interest.
Portrayed persons forming part of a crowd will usually find it hard to show a reasonable interest that outweighs publication. Street photography, photos of events, or demonstrations fall under this category. The individual portrayed person does not stand central but forms part of a larger whole. Nevertheless, caution remains advisable: a close-up of one person from the crowd can still activate portrait rights.
Unrecognizable images fall outside portrait rights. When facial features, body posture, and other identifiable characteristics are absent, no recognizable portrait exists. Photographers employ this technique by blurring faces or keeping them out of frame. However, the photo must be truly unrecognizable; acquaintances who recognize the portrayed person through clothing or context can still lead to identification.
How Do You Enforce Portrait Rights Effectively Under Dutch Law?
Enforcing portrait rights begins with awareness of your rights. First determine whether a commissioned portrait or non-commissioned portrait is involved. With the first category, you possess extensive control; with the second, you must demonstrate a reasonable interest.
React quickly when your portrait is published without authorisation. Dutch portrait law has no fixed period after which you lose the right to object, but waiting a long time weakens an urgent claim and can be relevant in the balancing of interests. A claim for damages is time-barred five years after the start of the day after the day on which you became aware of both the damage and the person liable, and in any event twenty years after the event that caused the damage (Article 3:310(1) Dutch Civil Code).
Send a formal demand letter to the publishing party. Invoke Article 20 of the Dutch Copyright Act for a commissioned portrait, or Article 21 for any other portrait and explain your reasonable interest. Specify whether privacy considerations, financial damage, or association with unwanted expressions are involved. Document the unauthorized use with screenshots and date-time stamps.
If the publisher does not respond or refuses, you can start proceedings, in urgent cases summary proceedings (kort geding). In case of unlawful publication, you can claim damages (Article 6:162 Dutch Civil Code) and a prohibition of further publication (Article 3:296 Dutch Civil Code in conjunction with Article 6:162, or Article 21 Dutch Copyright Act) (Supreme Court 2013, para. 3.4(g)). Publishing a portrait without being entitled to do so is also an offence (overtreding) punishable by a fine of the fourth category (Article 35 Dutch Copyright Act).
Example: an entrepreneur finds his portrait in an online advertising campaign for a product he does not endorse. He documents the use and sends a demand letter invoking Article 21, explaining the unwanted association. Many publishers then remove the image and negotiate a fee. If they do not, the court can decide.
What Differences Exist Between Portrait Rights and GDPR in Dutch Law?
Portrait rights and the General Data Protection Regulation overlap but differ fundamentally in principles. Portrait rights protect control over publication of images; the GDPR regulates processing of personal data. A recognizable portrait qualifies as personal data, whereby both regulations may apply.
The GDPR requires a lawful basis for processing personal data. Consent forms one possible basis, but legitimate interest can also justify processing. With portrait rights, emphasis lies on the reasonable interest of the portrayed person to prohibit publication. These different approaches can lead to different conclusions.
Privacy-related consent according to GDPR must be specific, informed, and freely given. These requirements are stricter than portrait rights consent. A general clause in an employment contract may satisfy portrait rights requirements but not GDPR requirements. Therefore, employers must comply with both legal frameworks.
Enforcement differs as well. Portrait rights violations lead to civil liability, such as damages and a prohibition of further publication, and publishing a portrait without being entitled to do so is also an offence punishable by a fine of the fourth category (Article 35 Dutch Copyright Act). GDPR violations can result in fines from the Dutch Data Protection Authority up to a maximum of € 20 million or 4% of worldwide annual turnover. This dual threat increases the necessity of compliance.
Contact specialized lawyers in Amsterdam for personal legal advice regarding your specific situation. Portrait rights and privacy legislation require customization; general guidelines may insufficiently protect your individual interests.
What Are Common Pitfalls with Portrait Rights in the Netherlands?
Entrepreneurs and individuals regularly make comparable mistakes with portrait rights. The assumption that consent for photography automatically constitutes consent for publication forms the most common misconception. These two aspects are legally separate; clear agreements about publication are strongly advisable.
Underestimating context influence also leads to problems. A portrait used in a neutral personnel overview differs fundamentally from the same portrait in an advertisement. Context partly determines whether privacy interest is violated. Employers must reconsider consent with each new application.
The failure to regulate portrait rights in writing creates uncertainty. Oral agreements are legally enforceable but difficult to prove. A written agreement, license agreement, or employment contract clause prevents subsequent discussions. This documentation protects both parties and clarifies the scope of permitted use.
Inaction damages your position. If you tolerate unauthorised use for a long time, it becomes harder to show urgency, and claims for damages become time-barred (Article 3:310 Dutch Civil Code). Act promptly.
How Do You Prevent Portrait Rights Disputes as a Photographer in the Netherlands?
Photographers and other creators of portraits bear their own responsibility. Transparency about intended use prevents misunderstandings. Communicate in advance for what purpose you wish to use the portrait: personal portfolio, commercial exploitation, editorial purposes, or news gathering.
Model release agreements formalize consent. These contracts specify exactly for which uses the portrayed person consents to publication of their portrait. Standard forms are available, but customization remains recommended. A model release governs publication rights, duration of use, geographical scope, and potential compensation.
Respect objections from portrayed persons. When someone indicates not wanting to be photographed or objects to publication, carefully assess whether your interest outweighs theirs. News value sometimes justifies publication against the portrayed person’s wishes. Use in advertising without consent, however, is in principle an infringement of privacy (Supreme Court 1997, Discodanser).
Document consent thoroughly. Preserve emails, signed agreements, or other evidence whereby the portrayed person consents to use. This documentation protects you in subsequent disputes.
Frequently asked questions about portrait rights under Dutch law
What does “portrait rights” mean?
Portrait rights are the rights of a person depicted in a recognisable image to oppose its publication. Under Dutch law, a commissioned portrait may not be published without the portrayed person’s consent, unless otherwise agreed (Article 20 Dutch Copyright Act). For any other portrait, the person can object if they have a reasonable interest (Article 21).
Do I need consent to use a photo of someone in the Netherlands?
For a portrait made on that person’s commission, yes, unless otherwise agreed (Article 20). For other photos there is no general consent requirement, but the person can object if they have a reasonable interest (Article 21). Use in advertising without consent is in principle an infringement of privacy, so a business, such as a salon showing clients’ photos, should obtain clear consent first. The GDPR may also apply.
Is street photography allowed under Dutch portrait rights?
Taking photos in public places is not prohibited by the portrait provisions; they concern publication. Publishing a recognisable street photo is allowed unless the portrayed person has a reasonable interest that outweighs freedom of expression, for example because of the context of the publication or an intimate image (Supreme Court 2013, para. 3.4(d)).
Do portrait rights also protect image rights of celebrities?
Partly. A well-known person with marketable popularity has a reasonable interest in sharing in the commercial exploitation of their portrait, but there is no exclusive exploitation right. Whether a reasonable fee was offered can play an important role (Supreme Court 2013, paras. 3.4(f) and 3.6.3). A lookalike can also be a portrait under conditions (Supreme Court 2022, ECLI:NL:HR:2022:621).
How long do portrait rights last?
For a commissioned portrait, surviving relatives must consent to publication for ten years after the portrayed person’s death (Article 20(1)). For other portraits, Article 21 also protects a reasonable interest of a surviving relative after death, without a fixed period.
Primary sources
- Dutch Copyright Act (Auteurswet, version in force since 1 January 2026): Articles 19, 20, 21 and 35
- Dutch Civil Code: Articles 3:296, 3:310 and 6:162
- Supreme Court 1 July 1988 (Vondelpark), ECLI:NL:HR:1988:AB7688
- Supreme Court 2 May 1997 (Discodanser), ECLI:NL:HR:1997:ZC2364
- Supreme Court 14 June 2013 (Cruijff/Tirion), ECLI:NL:HR:2013:CA2788
- Supreme Court 22 April 2022 (Verstappen/Picnic), ECLI:NL:HR:2022:621
- Amsterdam Court of Appeal 15 August 2017 (Volkskrant), ECLI:NL:GHAMS:2017:3247
- Rotterdam District Court 17 December 2021 (Coolblue), ECLI:NL:RBROT:2021:13048
Do you want certainty about your legal position regarding portrait rights? Our specialized lawyers in Amsterdam analyze your situation and advise on the best strategy for protecting your interests or lawfully using portraits in commercial context.
