Personality & Image – A growing area of economic value Digital technology is enabling an increasing number of new ways to ‘publish’ personality manifestations, both visibly and audibly. Yet, there exists no specific framework to facilitate regulated economic exploitation of image and personality – except for the registry for personality and image rights established end of November 2012 in Guernsey. -Why was this step taken in Guernsey? -What guarantees protection of image rights internationally? -Definition of “image”… -Popular obsession with celebrity underpins much of modern entertainment and marketing, is there a corresponding explosion of economic value of personality? Presented by: John Ogier, Registrar of Intellectual Property, Government of Guernsey

1. Questions and Answers
www.guernseyregistry.com/ipo
John Ogier
Registrar of Intellectual Property
For use only for educational and information purposes.
Copyright 2013 – States of Guernsey Intellectual Property Office
Image Rights:
Creating commercial opportunity
Providing legal certainty
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2. Image Rights: Creating
commercial opportunity
providing legal certainty.
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3. Why Image Rights?
Rise in commercial value.
• Rise in Value and Interest in Celebrities:-
Media, Entertainment, Sports
• Opportunities to manage this commercially
• A need to provide appropriate protection
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4. Why Image Rights?
Commercial reality, legal uncertainty.
• Lord Hoffmann in Campbell v MGN Ltd (2004)
• Lindsay J. (after Peck v United Kingdom [2003]
and Douglas v Hello! [2005] )
• Eddie Irvine v Talksport, (2003)
• David Bedford v 118 118, (2004)
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5. Publicity and Image Rights International Position
• UK and common law countries
• EU and civil law countries
• USA and sui generis legislation on a state by state basis
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6. Why Image Rights?
Personal identity.
• Hyper-connectivity.
• Blurring of public and private identities.
• Identities have value.
Government for Science “Future Identities” Professor Sir John Beddington CMG,
FRS 2013.
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7. Personality, Privacy and Publicity
A universal and unique personality right -
• Right of privacy
• Right of publicity
• Right to determine the use of a person’s image
• Right of the person to benefit from the income arising
from the commercial use of a person’s image
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8. Personality, Personnage and Personal Image.
The personnage of a natural person (living or deceased) is:
• The creator of their personality
• The person through whom their personality is
expressed
• The person as represented in many images
• The first proprietor of their personality
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9. Personnage
Section 1
• A natural person (living or deceased within 100 years)
• A legal person.
• A joint personality
• A group (team)
• A fictional character

10. Registered Personality and Images
• Registration of personality covers all associated
images of that person
• Names need not be distinctive
• An image must be distinctive to be enforced
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11. Image
Section 3
Name + other
names
Voice Signature Likeness Appearance
Silhouette Feature Face Expressions Gestures
Mannerisms Distinctive
characteristic
Distinctive
attribute
Photograph Ilustration Image Picture Moving image
Electronic
representation
(Avatar)
Other
representation
(Of the
personnage)
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12. What are the benefits of registration?
Registering a persons image recognises that it:
• Is distinctive
• Belongs to the proprietor
• Has value and can be traded
• Will be protected
• Is a property right
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13. Nature of the Right
S51 - 60
Registered personality and registered or unregistered images
are property rights which can be:
• Assigned.
• Licensed.
• Capitalised.
• Sold and purchased as for any other item of property.
• Securitised
• Identified with an image rights symbol “I.R.” : registered rights
only.
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14. 14

15. Grounds for refusal 1
Sections 6 - 10
Absolute
• Does not satisfy requirements of the Ordinance
• Contrary to public policy / morality
• Specially protected emblem
• Deceptive, bad faith, offence
• Customary in the language, culture, cognizance or trade
• Other requirements …

16. Grounds for refusal 2
Sections 6 – 10
Relative
• Existing personalities, existing images and existing rights
Note:
- Applicant / agent responsible for declaration
- Publication process
- Observation and opposition process.
- Provision for same name and identical siblings.
- Subject to existing rights operates on the principle of first to
register.

17. Exceptions and Limitations
There are express provisions balancing image rights
against other legitimate interests and activities in
particular, safeguarding free speech and other
matters of public interest including freedom of news
reporting.
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18. Exceptions & Limitations
Fair dealing
– Parody or satire
– News reporting, commentary or other journalistic material
– Research
– Incidental inclusion
– Education
– Public administration and law enforcement
– Temporary copies
– Use by proprietor or with consent (contra clause)

19. Image rights: IP Comparison
Image rights Trade Marks Copyright Designs
Registration Yes Yes No Reg and unreg.
Protection Registered
Personality +
Images
Mark as source
of goods /
services
Works of creator Appearance
Limitation Not limited Registered goods
and services
Not limited Not limited
Duration Indefinite if
renewed
Indefinite if
renewed
Up to life + 70 yrs Up to 15 years
Infringement test Use +
Distinctiveness
Use -Identical or
similar
Copy – but not
“idea”
Making
International
convention
Not at present Paris + Madrid Berne Paris + Hague

20. Image Rights and International Obligations
No conflict or inconsistency between the Image Rights Ordinance
(legislation) and the various obligations with respect to
foreign IPR owners and the international IP conventions.
Conclusion of Professor Sam Ricketson.
Professor of Law, Melbourne school of Law and Barrister.
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21. International Enforcement.
Bailiwick legislation but may have legal effect beyond the
geographical area of the Islands by:
• Enhancing existing protection.
• Contract tying terms back to Bailiwick law.
• Licensing of the Bailiwick image rights.
• Complimentary protection by other IP rights.
• Infringement on the internet, global media possible but use
with care: section 28 (Distinctiveness and WIPO principles) and section 44
(infringing goods publications or articles).

22. Image Rights Legislation
• Creates market opportunity
• Provides a new high value product
• Complimentary to wealth management services
• Provides new opportunities for those with image
rights and their professional practitioners
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23. Thank you and any questions?
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rights of the author.