Personal Image Rights

UK common law is moving with the times in protecting the Personal Image rights of individuals. Europe and the Human Rights legislation has also contributed to this form of your Intellectual Asset protection.

Even as far back as 1888 a modest portrait photographer could not display his skills via a portrait of a lady without her permission.
In 2002 Formula 1 driver Eddie Irvine was paid damages after his photograph was used to promote a radio station without his consent as the court held he had ‘property rights in the goodwill attached to his image’.
OK magazine won a ruling over Hello in the House of Lords after a 7 year wrangle about wedding pictures of Catherine Zeta Jones and Michael Douglas. OK had a contract for exclusive pictures which Hello scooped.

Kleinwort Benson advocate considering a separate company for celebrities, media stars and sportsmen to syphon off part of their income often into an offshore company. This is achieved by separating the contract for services from image rights on merchandise and promotions. This is part of tax avoidance which is also one of your intellectual assets.

If you contract for sponsorship or endorsement ensure your contract agreement is clear and enhances you companies IP whilst not breaching any Personal Image Rights.