he exception to the principle requiring consent for the use of a well-known person’s image does not, however, allow the use of their portrait for commercial purposes. This derogation pertains exclusively to the right to privacy and not to the so-called “right of publicity,” which is the right to financially exploit one’s fame.
This principle was established by case law concerning an advertising campaign that used Giorgio Armani’s portrait without his consent. More recently, the reproduction of Audrey Hepburn’s image on clothing without authorization from the actress’s heirs was deemed unlawful.
However, even a celebrity can be subject to specific restrictions in controlling their image, for example, when they have signed an endorsement contract with one or more companies. The purpose of such a contract is to acquire the right to exploit the celebrity’s fame to promote products bearing a particular brand, in exchange for payment. It is common to include clauses that prohibit the endorser from associating their image with potentially competing products for the duration of the contract.
