Puerto Rico Supreme Court clarifies scope of image rights

In Friger Salgueiro v. Mech-Tech College, LLC, 2026 TSPR 30, which concerned image rights in marketing materials, the Puerto Rico Supreme Court (PRSC) held that the right to one’s own image comprises both a personality right and a commercial right of publicity, that commercial image rights are transferable only through a written agreement or intestate succession regardless of the parties’ relationship, and that at least one post-termination, non-consensual commercial use can support statutory damages under Puerto Rico’s image-rights statute.

In this alert, we discuss the background of the case, implications for businesses, and key takeaways.

Background

The plaintiff in the case produced and directed promotional content for Mech‑Tech College, LLC (Mech-Tech) from 2010 to 2017 and appeared in audiovisual materials used to market its programs and services. The plaintiff never executed a written transfer of his image rights and alleged that Mech‑Tech continued using his image commercially after his engagement ended in 2017, despite a cease‑and‑desist letter sent in October 2018.

The Trial Court found that Mech‑Tech used his image at least once after receiving the letter and, following a merits trial in March 2023, it enjoined further use, awarded $20,000 in statutory damages, and granted $4,000 in attorney’s fees. On appeal, Mech‑Tech argued federal preemption, asserted a work‑made‑for‑hire theory, and challenged the damages award, but the Court of Appeals reversed on the ground that the number of unauthorized uses was not proven, even while acknowledging that the audiovisual materials and image rights belonged to the plaintiff absent a written contract to the contrary.

The plaintiff sought certiorari, and the PRSC held that Puerto Rico law recognizes both an inalienable personality right and a separate, transferable commercial right of publicity, the latter assignable only through a written instrument or intestate succession. The PRSC ruled that any commercial use after consent is withdrawn violates the statute absent a written transfer, confirmed that image‑rights claims are not preempted by federal copyright law, and clarified that Puerto Rico courts retain jurisdiction over image‑rights violations even if they cannot adjudicate copyright ownership.

The PRSC reversed the Court of Appeals and reinstated the Trial Court’s award of $20,000 in statutory damages and $4,000 in attorney’s fees, which are mandatory when a claimant prevails under the image‑rights statute.

Implications for businesses and employers in Puerto Rico

The decision increases compliance obligations for employers and organizations in Puerto Rico that create or distribute marketing content featuring employees, contractors, or other individuals. Post‑termination commercial use of a person’s image now requires a valid written transfer or current consent, as implied permission is insufficient once the relationship ends.

The PRSC’s clear distinction between image rights and copyright means that owning the copyright to promotional materials does not authorize continued commercial use of a depicted individual without a separate written image‑rights grant. Exposure includes statutory damages of up to $20,000 per violation and up to $100,000 for willful or grossly negligent conduct, plus mandatory attorney’s fees.

A single unauthorized use after consent is withdrawn can trigger liability, underscoring the importance of prompt content removal and disciplined asset management upon offboarding or receipt of a cease‑and‑desist. Because third‑party reuse of archived content can create liability absent a written image‑rights transfer, organizations may also reassess vendor and agency agreements and ensure that internal policies and workflows align with the statute’s strict consent and withdrawal requirements.

Key takeaways

• Commercial image rights may be transferred only by a written instrument or intestate succession, irrespective of employment or any other relationship among the parties.


• Consent to commercial use can be withdrawn; post-withdrawal uses without written transfer violate the image-rights statute.

Conclusion

Employers are encouraged to implement written image-rights instruments that expressly transfer the commercial right of publicity when appropriate, using signed releases or licenses that satisfy and clearly state scope, duration, territory, media, revocation mechanics, and consideration. In the absence of a written transfer, employers are encouraged to obtain and document current consent for specific campaigns and establish procedures to honor withdrawal of consent promptly, including rapid content removal from all distribution channels.

The PRSC’s decision in Friger Salgueiro v. Mech-Tech College, LLC sharpens the contours of Puerto Rico’s image-rights statute, confirming a dual structure of personality and commercial rights, enforcing a strict written-transfer requirement for the commercial facet, and enabling statutory remedies for at least one proven unauthorized use after consent is withdrawn.

The PRSC’s separation of image rights from federal copyright underscores that copyright ownership does not substitute for image consent, preserving state court jurisdiction over image-rights violations.

For more information, please contact the authors.