EIM00732 - Employment income: general: payments for 鈥渋mage rights鈥�: background
What are 鈥渋mage rights鈥�?
In contrast to a number of other countries, in the UK, there is no legal concept of an 鈥渋mage right鈥� or 鈥減ersonality right鈥� as such (referred to in this guidance as 鈥渋mage rights鈥�).
What may be referred to as an 鈥渋mage right鈥� is likely to be dependent on a bundle of different rights that may include, for example, contractual rights, registered trademarks, goodwill or copyright.
Protecting 鈥渋mage rights鈥�
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 鈥渋mage rights鈥� contracts is popular with sportspersons, entertainers and other celebrities.
Such a contract may seek to introduce a very wide definition of 鈥渋mage rights鈥�, encompassing the use and exploitation of an individual鈥檚 name, voice, likeness, personal attributes, public appearances, together with copyrights and trademarks.