Guernsey’s New Image Rights Legislation – Opportunities for Licensing Presentation to STEP Luxembourg 16 April 2013 Sam Shires, Group Partner AO Hall -

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Presentation transcript:

Guernsey’s New Image Rights Legislation – Opportunities for Licensing Presentation to STEP Luxembourg 16 April 2013 Sam Shires, Group Partner AO Hall - Legal Specialists

OUTLINE Background to Guernsey’s Image Rights Legislation (“IRL”) Outline of the IRL Benefits of the IRL Licensing Example

BACKGROUND TO THE IRL The “Cult of the Celebrity” Image Rights = public expression of personality Law has not kept up with technology and society Market opportunity to provide clarity and certainty Complimentary to existing IP Rights

Personnage (natural person, legal person, joint personality, group or fictional character) Registered personality Proprietor Anyone can register (in person or via Guernsey resident agent) No restrictions on holding entities BASIC CONCEPTS / HOW THE IRL WORKS

Name or alias Voice, signature, likeness, appearance, silhouette, feature, face, expressions (verbal or facial), gestures, mannerisms and other distinctive characteristic or personal attribute Photograph, illustration, image, picture, moving image or electronic or other representation DEFINITION OF IMAGE (SECTION 3 IRL)

Registered right (on public record) Property right Image rights (registered and unregistered) Infringement protection Moral rights REGISTRATION UNDER IRL GIVES YOU:

EXAMPLE LICENSING STRUCTURE National FA (National Team Images) Image Rights Limited (Individual Images) Club (Club Images) Playing Contract Licence Playing Contract Licence Assignment Registered Image Rights

Put world on notice of interest Priority over competing interests in Guernsey image rights Statutory rights on infringement of image rights: -to compel proprietor to act -“step-in” rights if proprietor does not act BENEFITS OF REGISTERING LICENCES UNDER THE IRL

Guernsey’s New Image Rights Legislation – Opportunities for Licensing Presentation to STEP Luxembourg 16 April 2013 Sam Shires, Group Partner AO Hall - Legal Specialists

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