CG68450 - Intellectual Property Rights: image rights: image rights in the UK
What are 바카라 사이트渋mage rights바카라 사이트�?
The standard definition of 바카라 사이트渋mage rights바카라 사이트� (e.g. as it appears in a typical 바카라 사이트渋mage rights바카라 사이트� contract for a footballer) is very wide ranging, as follows 바카라 사이트�
바카라 사이트淭he legal and beneficial rights and goodwill that subsist in relation to the use, exploitation, reproduction of or in association with or otherwise of the personal attributes of the player including without limitation the name, nickname, initials, shirt number, autograph, caricature, statements, biographies, testimonials, endorsements, photographs, video, film or sound recording, voice, image reproduction and likeness and/or fair likeness or any other means of endorsement or identification, personal appearance or non-endorsement and so forth of the player, together with any relevant registered or unregistered UK and foreign copyrights, trade-marks or design rights, which exist either now or in the future which comprise (whether wholly or in part) any of the matters referred to in this clause.바카라 사이트�
바카라 사이트淚mage rights바카라 사이트� in the UK and elsewhere
As a general principle, under UK law there is no such thing as an 바카라 사이트渋mage right바카라 사이트� or 바카라 사이트減ersonality right바카라 사이트� because UK law does not recognise the concept of 바카라 사이트渋mage rights바카라 사이트�.
For judicial authority in support of this statement, see the judgments of Lord Hoffman in the House of Lords and Lord Justice Kitchin in the Court of Appeal in two cases referred to in CG68455.
Many jurisdictions outside the UK recognise 바카라 사이트渋mage rights바카라 사이트�. Most EU countries have some right protecting commercial use of an individual바카라 사이트檚 name or image, whilst France and Germany in particular have strong image right and personality right laws. Guernsey recently introduced a comprehensive system for registering image rights. Over 30 States in the USA also have some form of image or publicity right. So where non-UK 바카라 사이트渋mage rights바카라 사이트� are concerned, it is important to establish the nature of the rights and the relevant jurisdiction.
How does UK law protect a person바카라 사이트檚 image?
There are four distinct ways in which UK law provides some protection to people who wish to control the use of their image;
(i) Privacy law 바카라 사이트� there is increasing recognition that the law of 바카라 사이트渂reach of confidence바카라 사이트� (often combined with Article 8 of the European Convention of Human Rights) can be used to prevent the publication of information 바카라 사이트� e.g. used by celebrities to prevent publication of harmful stories about their private life, but this has very limited relevance here;
(ii) Passing-off 바카라 사이트� a legal claim which requires a person to show that their goodwill has been damaged by a misrepresentation; there is more on this in CG68455;
(iii) Other Intellectual Property Rights 바카라 사이트� it may be possible to protect certain aspects of a player바카라 사이트檚 바카라 사이트渋mage바카라 사이트� through formal IPR regimes; e.g. intangible assets such as trade-marks are capable of licence or assignment;
(iv) Contract 바카라 사이트� where there is no identifiable asset capable of transfer from player to another entity, it is possible to put in place legally effective arrangements for exploitation; these arrangements will be purely contractual and, as in Sports Club (see CG68460), are likely to impose a series of obligations under a contract to provide promotional services on the player, in return for payment from the other party.