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Protecting The Image Rights of
Celebrities & Brands:
Keith Laker M.Sc. ACIS, TEP
10 February 2015
2
•  A specific category of intellectual property.
•  Recorded on a public register
•  Defined as: “A registered personali...
3
•  Proprietor. (Not in public domain)
•  Personnage: The real person behind the personality (e.g. Robyn Fenty)
•  Person...
4
•  Is there economic loss?
•  Is the image distinctive?
•  “An image is distinctive if it is associated with the registe...
5
•  You own a car.
•  You’re seconded to a foreign club
for a year
•  You return to find someone else
driving your car (w...
6
•  Proprietor: - Not disclosed. e.g.
Holdco Ltd.
•  Personnage: Robyn Rihanna Fenty
•  Personality: Rihanna
•  Images: N...
7
•  Economic loss? YES
•  Is image associated with the registered
personality? YES
•  Is image viewable in Guernsey? YES
...
8
•  Seek injunction in Guernsey Court
•  Seek money judgment order
•  Enforceable in UK - under Judgments
(Reciprocal Enf...
9
•  Katherine Heigl
•  Photo taken leaving a pharmacy
store
•  Heigl objected to the commercial
use of her image
•  Duane...
10
•  Monkey ‘Selfie’
•  Copyright disputed
•  Obtained control over image by
registering in Guernsey
Protection - an exam...
11
Consider Harley Davidson
•  Trade Marks and logo
•  Key personnel images
•  Commercial images
•  Colloquial terms assoc...
12
•  Property rights that protect an evolving
personality or brand
•  Property you can prove by virtue of a
register
•  W...
Tel: +44 1481 740490
Email: enquiries@icondia.com
You’d	
  be	
  nuts	
  not	
  to!	
  
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Law of luxury goods series: How to protect personality and image rights? an original method

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How can celebrities successfully protect their personality rights and image rights wordwide? Hear it from the expert on the registration of image rights Keith Laker, Partner, Icondia

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Law of luxury goods series: How to protect personality and image rights? an original method

  1. 1. Protecting The Image Rights of Celebrities & Brands: Keith Laker M.Sc. ACIS, TEP 10 February 2015
  2. 2. 2 •  A specific category of intellectual property. •  Recorded on a public register •  Defined as: “A registered personality is personal or movable property, [with] legal ownership… vested in the person registered as the proprietor of the registered personality” Sec 51.(1) •  These rights are not limited by class or geographic area. •  Registering these rights in Guernsey does not mean you have to hold them in Guernsey The Image Rights (Bailiwick of Guernsey) Ordinance 2012… Protecting The Image Rights of Celebrities & Brands: 10 February 2015 …a quick recap:
  3. 3. 3 •  Proprietor. (Not in public domain) •  Personnage: The real person behind the personality (e.g. Robyn Fenty) •  Personality: The personality being registered (e.g. Rihanna). This is the core property right •  Images: Any definable characteristic distinctive to the registered personality. •  Includes: name, voice, likeness, expression, gestures, mannerisms + any other distinctive characteristic or attribute •  Unregistered images also protected. The components: Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  4. 4. 4 •  Is there economic loss? •  Is the image distinctive? •  “An image is distinctive if it is associated with the registered personality by a wide or relevant sector of the public in any part of the world” Sec 28 (2) •  Can the infringement be viewed in Guernsey? The Infringement Test: Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  5. 5. 5 •  You own a car. •  You’re seconded to a foreign club for a year •  You return to find someone else driving your car (without your permission!) •  You go to the authorities to report the theft •  The court will ask you to prove you own the vehicle •  You provide a copy of your registration details Protection - an example Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  6. 6. 6 •  Proprietor: - Not disclosed. e.g. Holdco Ltd. •  Personnage: Robyn Rihanna Fenty •  Personality: Rihanna •  Images: Name, face, voice, signature, nicknames, trademarks, etc. Rihanna - an example Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  7. 7. 7 •  Economic loss? YES •  Is image associated with the registered personality? YES •  Is image viewable in Guernsey? YES Rihanna - an infringement? Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  8. 8. 8 •  Seek injunction in Guernsey Court •  Seek money judgment order •  Enforceable in UK - under Judgments (Reciprocal Enforcement) (Guernsey) Law, 1957 •  Breach of order becomes contempt of UK court •  IRO likely to be upheld in some US states. Rihanna - possible legal action Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  9. 9. 9 •  Katherine Heigl •  Photo taken leaving a pharmacy store •  Heigl objected to the commercial use of her image •  Duane Reade argued they were entitled to as image was in public domain •  Eventually settled out of court Protection - an example Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  10. 10. 10 •  Monkey ‘Selfie’ •  Copyright disputed •  Obtained control over image by registering in Guernsey Protection - an example Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  11. 11. 11 Consider Harley Davidson •  Trade Marks and logo •  Key personnel images •  Commercial images •  Colloquial terms associated with the brand •  Sounds distinctive to the brand •  Any other associated device, image or characteristic. What can we register? How to Protect The Image Rights of Celebrities: 10 February 2015 Notes: 1.  The Proprietor is the owner of the registered personality. It can be a company or a person. It is not public information. 2.  The Personnage is the real entity behind the registered personality. It is not public information. 3.  This is the personality registered on the Image Rights Register in Guernsey. It is publically viewable. 4.  These are the names and trademarks and other identifiers by which the personality is known. 5.  People associated with the company such as the founders (Messrs. Davidson & W.S. Harley) and current CEO (Keith Wandell) 6.  Phrases not covered by trademark, plus nicknames given by Harley Davidson users to parts of the motorcycle 7.  Harley Davidson famously failed to trademark the distinctive sound of the motor. They could register sounds as an image instead. 8.  The online store and existence of external licensing agreements can be registered as images Fig. 1 Proprietor HD#USA# LLC# Harley#Davidson# Inc.# Personnage Images Harley# Davidson# NOTES 1 2 3 4 5 6 7 8 9 Personality Photograph# Other miscellaneous images etcAny#others# Name, Logos & Trade Marks etc Logo# ‘Harley#Davidson’,# ‘Harley’,##‘HDMC’# ‘Electra# Glide’# etcPhrases including nicknames/slang terms ‘Fathead’,#‘Shovelhead’,# ‘Panhead’# ‘Snogs’,#‘Pipe#Mice’,# ‘Susie’s#Knobs’# Sounds etc Tickover#–#‘Potato# Potato’#sound#file# Full#throOle# sound#file# Motorclothes:#‘Freedom# in#Every#SRtch’# Merchandising: HD online store + external licensing etc Corporate Divisions etc ‘HOGTN’# NYSE#Ticker#symbol## ‘Harley#Davidson# Motorcycles’# ‘Harley#Davidson# Financial#Services’# People etc ‘Harley#Davidson# FoundaRon’# HD#TV#channel###
  12. 12. 12 •  Property rights that protect an evolving personality or brand •  Property you can prove by virtue of a register •  WIPO/TRIPS compliant •  Money judgments enforceable •  Tax planning opportunities •  Simple to register. Summary - Key Points Protecting The Image Rights of Celebrities & Brands: 10 February 2015
  13. 13. Tel: +44 1481 740490 Email: enquiries@icondia.com You’d  be  nuts  not  to!   A presentation for:

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