What are Image Rights ?
What are Image Rights?
Image rights are the expression of the personality in the public domain. The provision of image rights in law will enable the definition, value, commercial exploitation and protection of image rights associated with a person.
What are the elements of an Image Right ?
The right for the proprietor of the right to commercially exploit the following personal attributes:
- Voice
- Photograph
- Film
- Signature
- Likeness
- Appearance
- Gesture
- Mannerisms
- Electronic or other representation (including that of an avator)
- Any other distinctive characteristics and personal indicia by which a personality is immediately identifiable
Can you currently register image rights ?
Although image rights are managed through a variety of corporate structures in other jurisdictions at the moment, there is no other jurisdiction in the world that has image rights legislation with an image rights register. Guernsey is the first jurisdiction to release draft image rights legislation. This is currently out for consultation until 7 March 2012 after which it will be approved by the States of Guernsey before it comes into force - this is anticipated to be in June 2012.
Celebrities are already managing their image rights in a variety of structures (see the use in the football industry) but at the moment these image rights are not defined in law nor can they be registered in any way - this results in a lack of clarity and potential for mismanagement. Image rights are not expressly provided for in any international agreements; nor do national laws around the world (with the exception of some states of the USA), create specific rights of this kind.
Image rights are high value but a current lack of definition in law leads to uncertainty as to the extent of the rights and the limits the value-creation opportunities.
Legislation clarifying the rights will also enable their more effective management while also protecting the public interest by defining the extent of the rights in law.
