JUNE 2007
Hello! ruling retreats from creating image right
It has long been accepted that the UK does not acknowledge image rights as a distinct legal concept. In the first half of a two-part article, Isabel Davies and Tom Scourfield look at the face of image rights in the UK following a recent House of Lords judgment
English law provides no rights in personality and image per se. The commercial exploitation of the notoriety of an individual will in general only be actionable if it falls within IP law concepts of passing off, copyright (to a limited extent) and confidentiality, or is in some way defamatory. The English courts have consistently refused to extend the protection of the law beyond this traditional legal framework.
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