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image rights meaning

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What does image rights mean?
Image rights describes, in practice, the commercial control an individual seeks to exercise over use of their persona—name, nickname, image, likeness, voice, signature and other indicia—for endorsement, advertising and merchandising. The term is descriptive rather than a standalone right in the UK or Ireland: there is no codified image right, and protection arises across multiple legal contexts through case law and statute. In England & Wales, Scotland and Northern Ireland, claims typically combine: passing off (false endorsement/misrepresentation); misuse of private information and breach of confidence; data protection (UK GDPR/DPA 2018); copyright and performers’ rights; trade marks; malicious falsehood; and advertising regulation (CAP/BCAP Codes). Contract, licensing and assignment (e.g., sponsorship, influencer and merchandising agreements) are central to exploitation. Typical disputes involve unauthorised adverts, merchandising and online uses (avatars, deepfakes and domain names). Ireland adopts a similar approach, relying on passing off, privacy and data protection, copyright, trade marks and consumer protection/advertising rules. Other jurisdictions recognise a specific personality or publicity right (notably many US states, France and Germany). Guernsey provides a registrable image right. Such registrations may assist commercial structuring and notice, but do not create a standalone property right enforceable as such in the UK or Ireland.
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View the related News about image rights

NEWS
IP weekly briefing: UK election wash-up, AI 'Builder' trade marks, expedited patent trial vs UPC, UPC Milan life sciences division, PRS antitrust claim, DMCC Act, HCCH 2019 ratification

In this issue: General Election 2024 Trade marks/passing off Patents Copyright & associated rights General IP IP and technology LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information General Election 2024 General Election 2024—parliamentary process, wash-up and manifesto pledges This News Analysis brings together cross-practice coverage of the 2024 General Election. It features contributions from practice area specialists, Practical Guidance, news, analysis and journal pieces. For IP, the package also reviews the Digital Markets, Competition and Consumers Act 2024—parts of which commenced on 24 May 2024 during the wash-up—and sets out the main parties’ manifesto commitments. It further examines AI regulation and the potential impact of those pledges in this sphere. See News Analysis: General Election 2024—parliamentary process, wash-up and manifesto pledges... Trade marks/passing off AI Trade Mark Tussle: ‘Builder’ non-distinctive in the ‘no-code’ app building space (Engineer.ai...

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NEWS
Equity performers vote to refuse image/voice scans amid stalled talks with Pact over AI consent, transparency and royalties, raising prospect of industrial action across UK film and TV

Equity members, representing performers, have voted by an overwhelming margin in an indicative ballot to refuse scans while talks continue with Pact, the main trade body for British production companies. An indicative ballot is a binding statutory vote required to take industrial action. The result, Equity said on 18 December 2025, ‘shows the depth of feeling among performers determined to safeguard their AI rights’... The union will press Pact for a better deal on AI, seeking an agreement that builds in: Explicit consent Transparent terms Royalties for the use of AI-generated replicas If Pact declines to offer this, Equity will move to a statutory ballot...

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NEWS
Getty v Stability AI: High Court upholds limited trade mark claims, rejects secondary copyright liability, intensifying UK calls for AI training guidance and legislative reform

Following a 205-page judgment that shed little light on the contentious question, lawyers have stepped up calls for the government to issue guidance and, if needed, update long-established copyright law so rightsholders and AI developers are not left uncertain. Gill Dennis, a partner at Pinsent Masons LLP, noted that the ruling makes it more urgent than ever to decide whether training AI on copyrighted works amounts to infringement, and that the onus is now firmly on the government to deliver clear, prompt policy direction Getty Images commenced proceedings in 2023, alleging that Stability AI trained its Stable Diffusion model on millions of copyright-protected images taken from the stock image company’s own website and from its subsidiary, iStock. It further claimed that its trade mark rights were breached when Stable Diffusion generated images displaying watermarks for both Getty Images and iStock...

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PRACTICE NOTES
Commercialising Sport: Legal Strategies for Venues, Ticketing, Media Rights, Sponsorship, Merchandising, Sports Data and Participation Agreements, with Competition and Consumer Compliance

Sport has unquestionably evolved into a significant industry in its own right. Yet, under English law, there is no freestanding proprietary right in a sport or sporting event: a sports organisation lacks an automatic, absolute claim to all commercial income simply by virtue of organising the event. The same position applies to the specific rights typically associated with the commercialisation of sport; for example, there are no discrete sporting media rights, sponsorship rights or image rights. This Practice Note outlines the legal and contractual rights on which a sports organisation can depend, and the practical measures it can adopt to cultivate valuable proprietary rights in the sporting properties it owns or stages, and to commercialise those rights effectively... Operation and control of venues For many sports organisations, the venue where an event is held not only functions as the team’s ‘home’ and a focal point for supporters, but also acts as the cornerstone of their commercial programme. Some of the principal revenue streams that can be generated from...

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PRACTICE NOTES
UK Film and Television: Legal, Regulatory and Industry Glossary (M–P)

For more common film and TV terms, see: Film and TV glossary A–B, Film and TV glossary C–D, Film and TV glossary E–H, Film and TV glossary I–L, Film and TV glossary R–S, Film and TV glossary T–W. Meme An image, video, snippet of text, or similar item that satirises or amuses, typically spreading rapidly online, with users often adapting or varying it as they share it on. Mime Within copyright law, mime is treated as a form of dramatic work. Moral rights Under the Copyright, Designs and Patents Act 1988 (CDPA 1988), authors are granted personal rights (moral rights) that sit alongside, but separate from, their economic rights. Whereas copyright concerns financial interests, moral rights protect the author’s public reputation and the integrity of the work linked to them. the right to be named as author or director (the right of paternity) the right to object to derogatory treatment of a work (the right of integrity) the right...

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PRACTICE NOTES
Photographs and Image Rights as Personal Data under the UK Data Protection Act 1998: Principles, Sensitive Data, Media Exemptions, Case Law and Remedies (Archived pre-GDPR)

ARCHIVED This archived Practice Note outlines the data protection regime in force before 25 May 2018 and reflects the position under the Data Protection Act 1998 (DPA 1998). It is provided for background only and is not maintained. What is meant by image? Two forms of image are discussed in this Practice Note, both relevant to data protection: The likeness of a person’s physical features and the factual circumstances of their proximity (for example, a photograph or picture)—the ontic definition. How a person is conceived in the public mind—the ontological definition. For a comprehensive introduction to the GDPR, collating key practical guidance, see: UK data protection law collection. Data protection The aim of data protection law is to ensure that anyone processing personal data for purposes other than purely domestic ones is subject to regulation. The rationale for such regulation is outside the scope of this Practice Note. Under the DPA 1998, personal data are information relating to...

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PRECEDENTS
Workplace CCTV Policy Precedent (UK): compliance with UK GDPR/DPA 2018, ICO guidance and Surveillance Camera Code; installation, covert monitoring, signage, retention, access/disclosure and subject rights.

Stop press: The 2026 Regulations—Data (Use and Access) Act 2025 (Commencement No 6 and Transitional and Saving Provisions), SI 2026/82—activate the outstanding parts of the Data (Use and Access) Act 2025 (DUAA 2025). Measures on subject access requests, legitimate interests, purpose limitation, automated decision-making, international transfers and enforcement apply from 5 February 2026, while those on penalty notices and complaints take effect from 19 June 2026. For further detail, see Practice Note: Data (Use and Access) Act 2025—employment implications. This Precedent will be refreshed soon to reflect these amendments. Together, these changes complete commencement of the remaining DUAA 2025 provisions. 1 Purpose and scope 1.1 [ Name of organisation ] operates closed circuit television (CCTV) to help ensure a safe and secure environment for staff, visitors and customers, and to safeguard company property...

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PRECEDENTS
Influencer Marketing Services and Brand Endorsement Agreement with Content and Image Rights Licences (England and Wales)

This Agreement is entered into on [ date ] (the Effective Date). Parties [ Insert name of company ], a company registered in [ England and Wales ] with number [ insert registered number ], whose registered office is at [ insert address ] (the Company); [ Insert name ], of [ insert address ] (the Talent). Background The Company is the proprietor of the [ insert ] brand. The Talent is [ insert details of the talent’s background ]. The Company retains the Talent, on the terms of this Agreement, to market the Company’s products...

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PRECEDENTS
Precedent Selective Distribution Agreement (Non‑Exclusive): VABEO‑Compliant terms on Active/Passive Sales, Online Marketplaces, Minimum Purchases and Trade Mark Licensing (England and Wales Law)

This Agreement is entered into on [ insert date ] Parties 1 [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Manufacturer ) 2 [ insert name of party ] [ of OR a company incorporated in [ England and Wales ] under number [ insert registered number ] whose registered office is at ] [ insert address ] ( Distributor ) (The Manufacturer and the Distributor are each a party and, collectively, both the parties.) Background (A) The Manufacturer [ manufactures and ] supplies the [ [ luxury OR premium OR top of market ] ] Products, which are [ associated with [ high OR the highest ] standards of quality in their field ]. (B) The image, and the level of service linked to the Products, are of [ the...

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