Image right

[Roberto Silva]

Can I be sued by violation of the image rights even if the identification of this person is not possible?
I mean, the face is in the dark or only the low body appears.

 

[JBPhotog]

Way too many questions to be answered before one can offer advise.

- Which country do you live in, you legal system may or may not have protections for individuals in a photograph?
- Was this shot in a public or private place?
- Is your intent to sully or tarnish the persons reputation?
- Are you using it for commercial purposes?
- Did you get a model release?
- Etc. etc.

 

[Roberto Silva]

- I live in Brazil and yes we have legal image protections for individuals but I don't have details of laws.
- The shot was in studio.
- My intention is just to post a portfolio and NOT for commercial purposes.
- No I didn't get a formal release she just posed for me.

 

[JBPhotog]

- I live in Brazil and yes we have legal image protections for individuals but I don't have details of laws.
- The shot was in studio.
- My intention is just to post a portfolio and NOT for commercial purposes.
- No I didn't get a formal release she just posed for me.

Not in order of what you should do first:
- Check you local laws with either the government(which usually issue copyright and usage laws) or a lawyer who deals with copyright issues.
- So you know her and she knows you, she is not a stranger right?
- Even for a portfolio you should always get a model release because most portfolios are posted online and once out in the interwebs you have lost control of the image.

If it were me and I was concerned, I'd go back to her and ask her to sign a model release. You can say you were so happy with the images I want to use them for my portfolio and just so she knows the intended purpose you would like to have it written in the release.

If you want examples of model releases there are loads of them online and even an app that creates them for you. However, Brazilian law may have its own nuances and should be past by a lawyer first to get it approved. BTW, if this is your intended genre I suggest you have a model release in the can for future use, you will need it and certainly should you even have commercial use of an image, it is required.