The following IP guidance note Produced in partnership with Alex Kelham and JJ Shaw of Lewis Silkin provides comprehensive and up to date legal information covering:
As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Practice Note: Brexit—IP rights.
This Practice Note focuses on the commercial protection, exploitation and taxation of image rights in the UK. While it covers some laws which can be employed to protect an individual’s privacy (including breach of confidence, data protection, and defamation), it does so within the context of commercial exploitation and protection of a celebrity’s image. For detailed guidance on misuse of private information, see Practice Note: Privacy law—misuse of private information.
Famous sportspeople, entertainers and other celebrities derive substantial income from allowing themselves to be commercially associated with brands. It is big business, very big business, and because of this, celebrities and athletes are faced with three very different problems.
Firstly, how to stop brands from linking themselves with the celebrity without paying a licence fee. Secondly, how to derive the most commercial income from exploitation of their image rights while maintaining control, exclusivity and value. And thirdly, how to ensure that the income is taxed fairly.
The term ‘image rights’ is used to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.