April 2026 | Client Alert
In Friger Salgueiro v. Mech-Tech College, LLC, et al., the Puerto Rico Supreme Court ruled that the right of publicity—the right to use of a person’s name, image and likeness for commercial purposes—cannot be transferred to an employer or a client absent a written agreement with the employee or independent contractor, regardless of the nature or duration of the working relationship.
Mr. Osvaldo Friger Salgueiro (“Friger Salgueiro”) worked as an independent contractor for Mech-Tech College (“Mech-Tech”) from 2010 to 2017, producing and directing promotional audiovisual content in which he appeared in the videos. His relationship with Mech-Tech ended in late 2017. At no point did he sign a written agreement transferring his right of publicity to Mech-Tech.
In October 2018, Friger Salgueiro sent Mech-Tech a cease-and-desist letter demanding the removal of all promotional material featuring his image from any platform or medium. Mech-Tech continued to use that material for promotional purposes after receiving the letter. As a result, Friger Salgueiro filed lawsuit seeking damages and injunctive relief under Puerto Rico’s Right of Publicity Act, Law No. 139-2011.
The Supreme Court articulated a dual-prong framework, under which the right over a person’s name, likeness and image encompasses (i) a personality right that protects personal dignity and identity and (ii) a publicity or proprietary right that governs commercial uses. According to the Supreme Court, while a personality right is inalienable and non-transferable, the right of publicity may be transferred. The dispute in this case involved the right of publicity (that is, the commercial/publicity dimension of image rights).
Based on the facts of the case, the Supreme Court reaffirmed the requirement set forth in Puerto Rico’s Right of Publicity Act: the right of publicity can only be transferred through a written agreement or intestate succession. Importantly, the Supreme Court clarified that no employment relationship or contractor arrangement can serve as a substitute for that transfer. In this context, and without such a written agreement, Friger Salgueiro retained full control over commercial uses of his name, image, and likeness, and could withdraw consent at any time. Thus, the cease-and-desist letter Friger Salgueiro sent in October 2018 effectively revoked any tacit consent that may have existed during the working relationship. Because the record established that Mech-Tech used Friger Salgueiro’s image at least once after receiving that letter, he was entitled to relief under Puerto Rico’s Right of Publicity Act.
Employers should be aware that the work-for-hire doctrine (typically applied to copyrighted work made by employees or independent contractors) does not extend to the right of publicity under Puerto Rico law. Even when a company owns the copyrights to an audio-visual work, it does not automatically acquire the right to use the name, likeness and image of the individuals appearing in that work for commercial purposes.
O’Neill & Borges LLC is available to help employers assess the impact of this ruling, update agreements addressing the transfer of image rights, and strengthen compliance strategies to mitigate risk.
For additional information or assistance, please contact your regular O’Neill & Borges attorney or write to info@oneillborges.com.
This O’Neill & Borges Client Alert is prepared for general information purposes only. It does not constitute legal advice or a legal opinion; nor does it establish an attorney-client relation with the recipient. For further information or to establish an attorney-client relation please contact us at info@oneillborges.com or your prime contact attorney at O&B.