Disputes Over the Right to Use the Image of Celebrities in Advertising
When a celebrity’s image is used in advertising without clear consent, businesses may face legal disputes, reputational damage, and significant financial losses. Issues concerning celebrity image rights, unauthorized advertising, and disputes over the commercial use of celebrity images have become key concerns in Vietnam — but have you truly understood them correctly and completely?
1. The Nature of the Issue and Legal Risks in Using Celebrity Images
1.1. Definition of Image Rights and Common Usage Cases
According to Article 32 of the 2015 Civil Code, every individual has the right to their own image; using another person’s image for commercial purposes requires their consent. In practice, celebrities’ images are often used by businesses to promote products, brands, giveaways, or social media campaigns due to their strong public influence.
However, when businesses exploit a celebrity’s image without a clear contract or fail to pay the agreed remuneration, disputes may arise over the right to use and profit from the celebrity’s image, as well as issues relating to consent, scope of use, and compensation.
1.2. Causes of Disputes and Legal Risks
There are several causes leading to disputes when exploiting a celebrity’s image:
Businesses use publicly available images, assuming they are “free” since they are online, without seeking permission or signing a contract. This violates personal image rights and the right to commercial exploitation.
Ambiguous contracts that do not specify the duration, scope, method of use, or payment terms, leading to lawsuits for breach or compensation.
Using a celebrity’s image in misleading or inaccurate advertisements, resulting in administrative penalties. For example, under Decree 38/2021/NĐ-CP, unauthorized use of personal images in advertising can incur fines from VND 20 million to 40 million.
The rapid development of social media marketing (KOLs/KOCs) poses new risks when celebrities promote products they do not fully understand. The Amended Advertising Law 2025 (effective January 1, 2026) adds specific liabilities for endorsers.
Legal risks for businesses that misuse celebrity images include: being forced to remove advertisements, issue public apologies, pay compensation, or face administrative or even criminal sanctions in severe cases. Additionally, brand reputation can suffer greatly if the dispute becomes public.
2. Legal Solutions and Guidance for Businesses Using Celebrity Images
2.1. Essential Legal Procedures When Using Celebrity Images
To prevent disputes over celebrity image rights, businesses should comply with the following steps:
Obtain proper consent: Sign a written contract with the celebrity or their legal representative, specifying which images can be used, for how long, and in which mediums (advertisements, social media, banners, etc.).
Agree on remuneration: If used for commercial purposes, payment or a written waiver must be clearly stated. Article 32 of the 2015 Civil Code confirms that “the use of another person’s image for commercial purposes requires remuneration.”
Verify ownership of the image/work: If the photo was taken by a studio or brand (e.g., a promotional shoot), verify who owns the copyright before using it.
Review advertising content: Ensure that the image and message do not harm the dignity or reputation of the person portrayed and that both the celebrity and the business are responsible for truthful advertising. Under the 2025 Amended Advertising Law, celebrities must verify and actually use the product before endorsing it.
Keep records and monitor compliance: Maintain contracts, written consents, advertising materials, and approval reports to provide evidence in case of disputes. Regularly monitor public reactions to detect potential issues early.
2.2. The Role of Legal Services and How Businesses Can Prevent Disputes
For safe and effective use of celebrity images, businesses should seek professional legal assistance to:
Draft clear and detailed image-use contracts defining the scope, duration, purpose, payment, and mutual obligations.
Assess legal risks before signing: verify that the celebrity holds image rights, is not under another binding contract, and ensure that the advertised product complies with regulations.
Establish internal procedures for advertising review and approval, ensuring consistency and compliance.
Have a dispute-response plan in place: remove infringing content immediately, issue public apologies if necessary, negotiate settlements, or pursue legal remedies to protect the company’s rights.
Stay updated with legal changes — such as the 2025 Amended Advertising Law — which tightens liability for both celebrities and advertisers. Proactive compliance helps businesses stay within the legal framework and protect their reputation.
3. Conclusion
In the context of Vietnam’s rapidly evolving digital media landscape, the use of celebrity images in advertising has become a “double-edged sword” for businesses. On one hand, it is a powerful marketing tool that boosts brand recognition quickly. On the other hand, failure to comply with legal requirements regarding image rights can lead to complex disputes, financial losses, and serious damage to corporate reputation.
Contact DEDICA Law Firm for expert legal consultation!
📞 Hotline: (+84) 39 969 0012 (Available on WhatsApp, WeChat, and Zalo)
🏢 Head Office: 144 Vo Van Tan Street, Xuan Hoa Ward, Ho Chi Minh City (144 Vo Van Tan Street, Vo Thi Sau Ward, District 3, Ho Chi Minh City)
🕒 Business Hours: Monday – Friday (8:30 AM – 6:00 PM)
Reach out today for a free initial consultation with our team of professional lawyers!
