Can I be sued for using a KOL’s image for advertising without a prior collaboration?

In the era of booming marketing, using KOL images to advertise products is becoming increasingly common. However, many individuals and businesses, wanting to capitalize on their popularity, arbitrarily use KOL images without their consent. So, Can I be sued for using a KOL’s image for advertising without a prior collaboration? Let’s find out in this article.

What is a KOL? Why use KOL images for advertising?

KOLs (Key Opinion Leaders) are individuals with significant influence on the community in a specific field such as entertainment, beauty, fashion, technology, finance, or business. They can be celebrities, experts, bloggers, TikTokers, or anyone with a considerable following and the ability to influence public consumer behavior.

Unlike traditional advertising, KOLs build trust based on personal image, real experiences, and connection with their followers. This “trust” factor is what makes KOLs one of the most effective marketing tools today.

Using KOLs in advertising offers several clear benefits:

• Increased product credibility: Consumers tend to trust what KOLs share more than direct advertising from brands. When a KOL appears with a product, customers easily assume that the product has been verified or is worth trying.

• Rapid viral effect: Just one post, video, or image from a KOL can reach tens of thousands to millions of people in a short time. This is a significant advantage over many traditional advertising channels.

• Increased conversion rates and sales: KOLs not only help products gain awareness but also drive purchasing behavior. This effect is especially evident in fields such as cosmetics, fashion, food, and technology.

• Rapid brand positioning: Choosing the right KOL (Key Opinion Leader) that matches the target audience helps businesses build a clear and consistent brand image.

Because of these benefits of “hitting consumer psychology,” many individuals and businesses have leveraged KOLs as a “marketing lever.” However, instead of formal collaborations, many entities arbitrarily use images from the internet and social media to advertise products without permission.

This is also a cause of many legal disputes and brand risks in recent times.

Is using KOLs’ images for advertising when collaborating illegal?

According to Vietnamese law, personal images are considered part of personal rights and are protected by law. This means that every individual, including KOLs, celebrities, and ordinary people, has the right to control how, where, and for what purpose their image is used.

In today’s marketing landscape, the use of KOL images is often associated with advertising, sales, or brand building. These are all considered commercial purposes. Therefore, if a business or individual uses a KOL’s image without their consent, that act directly infringes on the individual’s rights and may be subject to legal penalties.

According to Article 32 of the 2015 Civil Code (Rights of individuals regarding their images), it is clearly stated: “The use of an individual’s image must be with their consent. The use of another person’s image for commercial purposes requires compensation to the person whose image is used, unless otherwise agreed.”

From the above regulations, the following important principles can be understood:

• Consent of the image subject is required: Whether you take the image from Google, Facebook, TikTok, or any other platform, this does not mean you have the right to use it for advertising purposes.

• Commercial purposes require clear agreement: When using images for sales, advertising, product PR, etc., you are required to obtain permission and usually have to pay compensation (unless otherwise agreed upon by both parties).

• No distinction between famous and non-famous: This right applies to everyone, not just KOLs. However, with KOLs, the level of influence is greater, so the legal risks and compensation amounts are usually higher.

Therefore, using KOL images for commercial advertising without permission is an infringement of personal image rights and this act is a violation of the law.

Can I be sued for using a KOL’s image for advertising without a prior collaboration?

In reality, there have been many cases where KOLs, celebrities, or even ordinary people have spoken out when they discovered their images were being used illegally in advertising. In such cases, they have the right to sue to protect their legal rights and interests according to the law.

The unauthorized use of KOLs’ images is not just an “administrative violation,” but can also lead to civil liability if it causes actual damage to their reputation, income, or collaboration opportunities.

When discovering their images are being used illegally, KOLs can take the following steps:

• Request the removal of the infringing content: This is the basic and usually first step to immediately stop the infringing behavior.

• Request for a public apology and correction: If the use of the image affects the brand’s reputation or misleads the public into believing that the KOL is collaborating with the brand, they have the right to request a correction.

• Request for compensation for damages: In cases where the infringement causes economic or emotional damage, the KOL can request compensation from the infringing party as stipulated.

According to Article 584 of the 2015 Civil Code (Grounds for the 발생 of liability for compensation for damages), it states: “Anyone who infringes upon the legal rights and interests of others and causes damage must compensate for it.”

Using a KOL’s image without permission is not only a violation of the law but also carries a high risk of lawsuits and compensation claims. Therefore, instead of “circumventing the law” or illegally exploiting images, businesses should choose a safer approach such as formal, transparent, and legally binding collaborations to avoid unnecessary risks.

The above is the article “Can I be sued for using a KOL’s image for advertising without a prior collaboration?”. Hopefully, through the detailed analysis and specific legal basis, you have clearly understood the boundary between “utilizing images for marketing” and “violating personal rights”.

Sincerely,

FAQ