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International Journal of
Law, Policy and Social Review
ARCHIVES
VOL. 8, ISSUE 3 (2026)
Unauthorized use of photos of the Marshwillow Cosmetics brand ambassador after her contract expired
Authors
Nani Rumbia, Rory Jeff Akyuwen, Sarah Selfina Kuahaty
Abstract
Introduction: The use of portraits in commercial promotional activities is protected by law under Article 12(1) of Law No. 28 of 2014 on Copyright. A problem arose when PT Indah Mitra Anugerah, the owner of the Marshwillow cosmetics brand, continued to use Natasha Wilona’s likeness as a brand ambassador after the end of their partnership contract without obtaining new consent from the holder of the rights to that likeness. This situation raises questions regarding the legal consequences of unauthorized use of a likeness and the form of liability that the business entity bears for such actions.
Research Objectives: This study aims to examine the legal status of the Marshwillow brand ambassador agreement, violations of economic and moral rights regarding the use of likenesses, the legal consequences for business entities, and the forms of legal liability that arise
Research Methodology: This study employs a normative legal research methodology using both a statutory and a conceptual approach. The legal sources used consist of primary, secondary, and tertiary legal materials, which were then analyzed using qualitative methods.
Results and Discussion: The research findings indicate that the use of a former brand ambassador’s likeness after the expiration of the contract lacks a valid legal basis, stemming from a breach of contract that escalates into a tort as provided for in Article 1365 of the Civil Code in conjunction with the Consumer Protection Act. As a legal consequence, the business operator is required to cease using the likeness, withdraw all promotional materials, and may face administrative sanctions. Liability may be pursued through a breach of contract claim under Article 1239 of the Civil Code or as a tort under Article 1365 of the Civil Code in conjunction with the Consumer Protection Act, in the form of compensation for material and immaterial damages, which may be resolved through either non-litigation or litigation.

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Pages:78-83
How to cite this article:
Nani Rumbia, Rory Jeff Akyuwen, Sarah Selfina Kuahaty "Unauthorized use of photos of the Marshwillow Cosmetics brand ambassador after her contract expired". International Journal of Law, Policy and Social Review, Vol 8, Issue 3, 2026, Pages 78-83

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Unauthorized use of photos of the Marshwillow Cosmetics brand ambassador after her contract expired | International Journal of Law, Policy and Social Review