Puerto Rico Supreme Court Holds that Commercial Image Rights Require Written Transfer and Revocable Consent

In Osvaldo Friger Salgueiro v. Mech-Tech College, LLC; Mech-Tech Management, LLC; Artificial Intelligence, 2026 TSPR 30, 218 D.P.R. ___, the Puerto Rico Supreme Court held that any transfer of commercial image rights must be in writing, regardless of the nature of the relationship between the parties. Accordingly, the use of people’s image for commercial or advertising purposes requires prior consent, which may be withdrawn at any time. 

In the underlying case, the plaintiff had consented to the defendant's use of certain audiovisual materials during the course of their employment relationship. Following the termination of that relationship, the plaintiff issued a cease-and-desist letter withdrawing his consent. Nonetheless, the defendant continued using the plaintiff’s image. As a result, the Court determined that the defendant violated plaintiff’s rights to his commercial image, and concluded the plaintiff is entitled to relief under Puerto Rico’s Right to One’s Own Image Act (Act No. 139-2011). 

This decision provides critical guidance for businesses in Puerto Rico that use images of people for commercial or advertising purposes. Businesses must now recognize that any transfer of commercial image rights must be made in writing, and that consent may be withdrawn at any time. Failure to comply may result in significant statutory damages, as well as the imposition of mandatory attorneys’ fees. 

*Diego M. Picó-Vázquez is an associate in Littler’s San Juan office.