In the case of persons who won podium places at a competition (their photos are published in the media), is it necessary to collect consent? At what point, since before the start it is not known who will win a prize?
ANSWER
Under Article 81 of the Polish Copyright and Related Rights Act, dissemination of an image requires the consent of the person depicted. Exceptions to obtaining consent are provided in paragraph 2 of that article, which reads as follows:
"2. Dissemination of an image does not require consent for:
- a widely known person, if the image was taken in connection with the performance of public functions, in particular political, social or professional functions;
- a person who constitutes only a detail of a whole such as an assembly, landscape or public event."
If, therefore, none of the exceptions applies, consent to dissemination of the image of a person referred to in Article 81 of the copyright act should be obtained from that person.
In the case presented, consent to dissemination of the image would most likely need to be obtained after the persons on the podium have been photographed and before publication of those photos in the media.
