Guernsey awaits ground-breaking image rights legislation

Guernsey is poised to release a world first - ‘robust and extremely innovative' new legislation that will create a registrable image right.

A month-long consultation on the draft law has just ended (on 7th March 2012). The final legislation is expected to be approved by the Channel Island's parliament during the second quarter of this year.

Image rights are generally recognised as the right to control the commercial use of a person's identity and images associated with that person including distinctive expressions, characteristics or attributes.

The importance and value of those rights is an increasingly high profile topic. Public figures have sought, and been challenged, over seeking to exercise significant control over the use of their image by using super injunctions and – just this week – The Times has reported a dispute among the family of the late and legendary golfer Seve Ballesteros over his image rights.

Intellectual property specialist Jason Romer (pictured), a partner at law firm Collas Crill, said: “Guernsey's Image Rights legislation is robust and extremely innovative.

“It balances the protection of such images against the freedoms necessary for the press and to ensure that the image right is used in a balanced way. The legislation draws upon both trademark and copyright principles and provides a strong framework within which to work.

“We have seen genuine enthusiasm for the legislation and its potential, reflected in requests coming through to intermediaries from their own clients.

“People in the industry are interested in practical issues such as how long rights should last and the ability for image rights to be searchable. It is clear that there is a large appetite for image rights generally but we recommend that they should be considered as part of an overall IP strategy.”

When enacted, the legislation will see Guernsey take a world lead on the issue and provide a clear legal code for image rights, enabling effective management while also protecting the public interest.

Guernsey will be the first jurisdiction to have a registrable image right when the legislation is passed. This legislation will allow celebrities, sports professionals and teams and other media personalities to structure their image rights in Guernsey, safe in the knowledge that there is a clear legislative framework.