Oh mom, it wasn’t me! Column by Mike Margáin
While the use of our image is sometimes beyond our control, there are ways to assert our right to authorize such use for specific purposes. This also applies to the images of public figures, which may be restricted by the exercise of other rights such as the right to information and freedom of expression.
For months now, the issue of the corcholatas[1]billboards in Mexico have dominated the front pages and become a trending topic on social networks. These billboards, which have inundated the country’s cities and are accompanied by posters on city buses and parabuses, feature portraits of public figures aspiring to the Mexican presidency.
It’s evident that the use of these billboards is for propaganda purposes. It’s so apparent that the issue has prompted complaints from both adversaries and the candidates themselves. The question revolves around whether these actions are part of pre-campaign activities, whether it’s legal – and even ethical – to employ these images, and primarily whether using these images on billboards should involve financial compensation and expense accounting.
Certainly, it’s legal to use one’s own image; anyone can use their image for whatever purpose they desire. However, like many other rights, this right is subject to the common interest and the rights of others.
The use of images can indeed be monetized and subsequently accounted for. It’s not without cost for a person to appear in promotional campaigns, with no expectations placed on them. The purpose behind using images in billboards is to establish a presence in the public’s consciousness.
Thus, two premises remain under discussion. First, the use of the corcholatas’ images on billboards and posters either had to be authorized or it’s being used without permission. Second, this use should and eventually must be included in expense reporting to transparently reveal its inclusion within the approved and capped expenses.
In response to the controversies caused by the billboards, the corcholatas have repeatedly stated that they are not involved with them; they didn’t request them, authorize them, nor have they even seen them.
Let’s give them the benefit of the doubt. If the billboards weren’t requested by the corcholatas, then the use of their image wasn’t authorized. This presents a case of improper image usage, involving both the portrait and the name, which the owner cannot ignore and must act against.
Under no circumstances, and especially in this situation, which – whether intended or not – has its roots and implications in the electoral sphere, should unauthorized use be overlooked. Individuals who are aware that their image is being utilized must act; they need to uphold their rights and take appropriate measures. Failing to do so translates to tolerance and negligence, leading to responsibility.
This principle isn’t foreign to electoral authorities. The Electoral Tribunal of the Judiciary of the Federation has determined that using trademarks and copyrights without authorization can result in liability for owners who are lenient and negligent in taking the necessary steps. This principle aligns perfectly with the current issue. The corcholatas must exercise their rights, file complaints, and request competent authorities to promptly remove their image.
Tolerating and neglecting their rights not only brings consequences for the corcholatas, but this tolerated use can and should be quantified for accounting and expense limitation purposes.
Saying “I didn’t know” or “I didn’t do it” holds no weight. There’s no excuse. All candidates for the positions up for contention must consistently consider the rules regarding image usage and intellectual property rights. Failing to do so carries the risk of incurring liability, and the potential financial ramifications of monetization and accounting should not be underestimated.
Article published in El Universal
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[1] The term “corcholata” was adopted by the President of Mexico to refer to a person from his own party (MORENA) who intends to succeed him in the 2024 presidential election.
