It will have been noted that Guernsey introduced legislation which came into force on December 3 2012 creating a new form of intellectual property, the “image right”.
The basic right, as defined, relates to a “registered personality”. It is obtained by the registration of the personality of any of the following: any natural or legal person, a joint personality, a group or fictional character (either non-human or human). This basic right is also supplemented by the right to protect images associated with that registered personality. “Image” is widely defined and includes any characteristics, such as name, voice, appearance, signature, as well as pictures and illustrations.
Registration will give the proprietor exclusive rights in the images associated with or registered against the personality, and unauthorised use of a protected image will amount to an infringement.
A personality or image may not be registered if it is identical to an existing right and regulations may provide for any objection to be made through opposition proceedings.
Registration of a personality will last for 10 years (fees may range from £1,000 – £5,000), whilst registration of a specific image registered against that personality will last for three years (fees may range from £50 – £200). Registrations may be renewed for further periods of ten and three years respectively.
Read the full article here: Image Rights and the Isle of Man