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What are “image rights�?

In contrast to a number of other countries, in the UK, there is no legal concept of an “image right� or “personality right� as such (referred to in this guidance as “image rights�).

What may be referred to as an “image right� is likely to be dependent on a bundle of different rights that may include, for example, contractual rights, registered trademarks, goodwill or copyright.

Protecting “image rights�

Passing-off may provide individuals with some protection as far as their reputation is concerned. In Irvine and others v Talksport, Eddie Irvine (former Formula 1 racing driver) succeeded in a passing-off action relating to a false endorsement in which he was shown in promotional literature apparently listening to Talksport Radio. Guidance on the law of passing-off can be found in the Capital Gains Manual at pages CG68410 and CG68455.

Image rights contracts

The use of “image rights� contracts is popular with sportspersons, entertainers and other celebrities.

Such a contract may seek to introduce a very wide definition of “image rights�, encompassing the use and exploitation of an individual’s name, voice, likeness, personal attributes, public appearances, together with copyrights and trademarks.