Harbour Intellectual Property

Over the past decade our global society has become more and more obsessed by celebrities and celebrities image. Footballers, pop stars, actors and other celebrities maximise this obsession by using their profile and image to secure additional revenue through endorsements and sponsorship. But what happens if their image is used without their permission, how do they secure control over infringement and the illegal use of their image? Their image needs protection just as any other valuable property does. The traditional methods of protecting the intellectual property associated with an individual has been by trademark, copyright and design right law, as well as privacy, passing off and defamation laws - however these traditional rights and laws do not specifically address the global protection of a celebrity’s image in the 21st Century. Until Guernsey introduced a new law...... In December 2012, the government of the British Channel Island of Guernsey introduced the world’s first register of image rights by enacting The Image Rights (Bailiwick of Guernsey) Ordinance 2012. Celebrities whether actors, musicians, TV presenters or politicians and the rights owners to fictional characters, even those that may appear in films and computer games can now assert its right to control how its associated images are published. Furthermore, not only do they have the potential to use their images for commercial purposes, they can continue to generate an income from them long after they have given up their ‘day jobs’. Guernsey has achieved a world first with the introduction of Image Rights legislation, an exciting innovative new law and we expect the Ordinance to have significant impact upon the commercial opportunities available for the exploitation through licensing of broadcast or internet publication of images associated with registered personalities. Please contact Sally Wilkinson on 01481 704 800 or sally.wilkinson@harbour.co.gg for more information.