PR Supreme Court: Written Consent Needed to Use Images of Employees, Contractors Commercially

Takeaways

• The Puerto Rico Supreme Court held in Friger Salgueiro v. Mech‑Tech College that commercial image rights can be transferred only through a written agreement, regardless of the nature of the relationship and whether the individual is an employee or contractor.
• Verbal consent or course of conduct is insufficient, and individuals may revoke consent at any time, including after the working relationship ends.
• Even one single unauthorized post‑termination use of an image after consent is withdrawn is sufficient to trigger liability, including statutory damages.

Related links

• Friger Salgueiro v. Mech‑Tech College, LLC 
• Right of Publicity Act, No. 139 of July 13, 2011

Article

The right of publicity or the rights to one’s image are transferable only through a written agreement, regardless of the type of relationship between the parties, the Puerto Rico Supreme Court held in Friger Salgueiro v. Mech‑Tech College, LLC, 2026 T.S.P.R. 30 (Mar. 20, 2026). The decision clarified the scope of the Puerto Rico Right of Publicity Act, No. 139‑2011, and its application in the employment and independent contractor context.

Background

The case arose from a dispute between Mech-Tech College and an independent contractor. The independent contractor assisted in creating promotional content and appeared in the institution’s audiovisual materials. The parties agreed he had consented to the use of his image during the contractual relationship. However, no written agreement addressed the transfer or use of his image after termination for commercial purposes.

After the contract ended, the independent contractor sent a cease-and-desist letter to Mech-Tech demanding that it stop using his image. Despite the letter, Mech-Tech used the promotional materials at least once more.

Puerto Rico Supreme Court Decision

The Puerto Rico Supreme Court held that the right of publicity or the rights to one’s image are transferable only through a written agreement, regardless of the type of relationship between the parties.

It noted that image rights have both a personal component and a distinct commercial component (the right of publicity). This commercial right may be transferred only through a written agreement, as required by Article 5 of Act No. 139‑2011, it explained.

The Court rejected arguments based on the existence of an employment or independent contractor relationship, emphasizing that neither type of relationship eliminates the statutory requirement that the transfer be in writing. As a result, absent a written transfer, individuals retain control over the commercial use of their image and may revoke consent at any time.

In this case, once the individual sent a cease-and-desist letter, even a single additional use of his image exposed the employer to liability, the Court said.

The Court also confirmed that the Federal Copyright Act (17 U.S.C. § 101 et seq.) does not preempt Puerto Rico law with respect to image rights or moral rights, which are not addressed by the federal statute.

Applying this framework, the Court affirmed imposition of $20,000 in statutory damages for a single unauthorized use and attorneys’ fees.

Implications for Employers

This decision highlights the exposure employers face when using employee or contractor images without a written agreement. Verbal or implied consent given during the relationship is not enough to allow continued use after the relationship ends.

Jackson Lewis attorneys are available to counsel employers on drafting and enforcing image-use and publicity-rights provisions to help ensure compliance with applicable federal and Puerto Rico laws.