What are Image Rights
Further information is available on the Guernsey Finance website at this link.
The Image Rights Register is available to view at this link. You will need to log in to view the Register.
What are Image Rights?
Image rights are the expression of a personality in the public domain. The provision of image rights in law enables the definition, value, commercial exploitation and protection of image rights associated with a person. The Bailiwick of Guernsey Image Rights legislation enables a personnage (see below) to register their personality (and the rights that subsist within that personality). The image right becomes a property right capable of protection under the legislation through registration. Registration enables the image right to be protected, licensed and assigned.
What is a Personnage ?
Section 1 of the Image Rights (Bailiwick of Guernsey) Ordinance, 2012 describes a personnage as:
- a natural person
- a legal person
-a joint personality - two or more natural or legal persons who are (or who are publically perceived to be) intrinsically linked and who together have a joint personality
- a group - two or more natural or legal persons who are (or who are publically perceived to be) linked in a common purpose and who together form a collective group or team
- a fictional character - of a human or non human
N.B the name of the personnage does not have to be the same as the name of the registered personality.
Section 3 of the Ordinance describes the elements of an Image Right as:
The right for the proprietor of the right to commercially exploit the following personal attributes:
- expressions (verbal or facial)
- any other distinctive characteristics or personal attribute of a personnage
- any photograph, illustration, image, picture, moving image or electronic or other representation ('picture') of the personnage and of no other person (except to the extent that the other person is not identified or singled out or in connection with the use of the picture.