The Puerto Rico Supreme Court ruled that commercial image rights can only be transferred through written agreements, and that individuals may revoke consent to use their image at any time, even after employment or contractor relationships end[1][2]. In Friger Salgueiro v. Mech-Tech College, LLC (decided March 20, 2026), the court held that verbal consent, implied consent, or course of conduct is insufficient to transfer these rights[2].
Who's Involved
Osvaldo Friger Salgueiro, an independent contractor, worked for Mech-Tech College from 2010 to 2017, producing and directing promotional videos in which he appeared[3]. After their relationship ended in late 2017, Friger Salgueiro sent a cease-and-desist letter in October 2018 demanding removal of promotional materials featuring his image[3]. Mech-Tech continued using the materials anyway, prompting the lawsuit under Puerto Rico's Right to One's Own Image Act (Act No. 139-2011)[1].
Context and Timeline
The court established a dual framework distinguishing between "personality rights" (inalienable protections of personal dignity) and "publicity rights" (transferable commercial rights)[3]. Although Mech-Tech's initial use during employment was lawful, the court determined that the cease-and-desist letter revoked any prior consent[4]. Even a single unauthorized post-termination use triggered liability[2]. The court affirmed $20,000 in statutory damages plus mandatory attorneys' fees[2], establishing that the Federal Copyright Act does not preempt Puerto Rico's image rights protections[2].
Newsworthy Impact
This decision is significant for all Puerto Rico businesses using images in advertising, social media, or promotional content[4]. It clarifies that written agreements are mandatory—not optional—regardless of employment relationships, and that organizations must immediately cease image use upon receiving withdrawal of consent[4]. The ruling exposes companies to substantial liability even for single violations after consent is revoked[2].