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Creating a new image with parts of people's images

By Mariana Valverde, a lawyer specializing in intellectual property law and partner at Moreau Valverde Advogados. Imagine the image of the perfect person according to the physical characteristics you most admire. The mouth of a famous actress, with the hair you saw on a hairdresser's social network, the eyes of a model, the hands of an influencer and so on. The result: a new image created from the combination of other images, a digital image of a virtual person, an avatar or character. This "creation" is already within everyone's reach thanks to a powerful series of applications and artificial intelligence resources, which make it possible to access any virtual image. This virtual image can be used to identify a product, a service or a brand. The arguments for the increased use of these technologies range from the creation of a unique image, which can be linked to the brand you want to promote, to the savings in hiring a real person for the job. Some are already calling this practice the "Frankenstein 5.0 era", where filters and applications of image parts predominate. Curiously, the same questions are asked about whether: Is this virtual image covered by image rights?; How does image rights look in this scenario?; Who owns the image rights to this "new image"? According to the Federal Constitution, people's privacy, private life, honor and image are inviolable, and the right to compensation for material or moral damage resulting from their violation is guaranteed. The concept of the "Image of Persons" contained in the text of the law and protected by it, covers not only a person's countenance or the whole of their body, but also different parts of their body, such as hands, eyes, hair. In this way, any kind of use of part or parts of a person's image depends on their express authorization, even if it is to be combined or inserted with other images. It is necessary, I emphasize, to obtain permission to use the image of a person's hand, their hair or even their nails. We recently had a case in which a brand had to compensate a model for the improper use of the image of her buttocks to advertise jeans. The advance of Web 3.0 and the use of images created through technological means for publicity, advertising and marketing of products and services is increasing the risk and the number of discussions involving the misuse and infringement of third party rights. Thus, it cannot be forgotten, in any way, that the benefits brought by the virtual world do not nullify and/or authorize disrespect for the individual rights advocated. For those who counter-argue by pointing to the evolution of the times, it should be understood that innovation is not a free pass to steal the rights of others.