Introduction
- Subject matter
- Theme
- The right of publicity
- Recent developments in support of image protection
- Outlook
The nature of the image right
- Academic analysis
- Reasons why individuals sue
- Practical difficulties
Privacy
- Judicial frustration at the absence of adequate protection
- Circumstances in which an image is captured - the UK's growing confidence
- Privacy finally recognised - the Human Rights Act
- Can individuals lose their entitlement to privacy?
- The public interest
- Douglas and Zeta-Jones/Hello! Litigation - the initial emergency injunction
- The court of appeal's desire to lay down guidelines for privacy injunctions
- Express confidentiality agreements
- Secret tape recordings of private conversations
- Images captured in a public street - the Peck ruling
- Douglas and Zeta-Jones/Hello! Litigation - the trial (first instance)
- House of Lords rule on privacy (misuse of private information) for the first time - the Naomi Campbell decision
- Strasbourg extends protection further to images taken in public of everyday life - the Von Hannover case
- Douglas and Zeta-Jones/Hello! Litigation - court of appeal
- The continuing importance of the UK courts in developing privacy law
- The power of the privacy injunction
- Ok! and Hello! - The House of Lords
- The UK's version of Von Hannover - JK Rowling's infant son
- The Mosley trial
Passing off
- Introduction - the early approach to the exclusive use of one's name
- Summary of protection in the Victorian age
- Noms de Plume, pseudonyms and nicknames
- The human voice as identity
- Character merchandising and the importance of the 1970s
- Re-defining passing off
- Consolidation in the 1980s
- “Get-up”
- Re-assessing the need for a common field of activity
- Celebrity endorsements in the 1990s
- Common field of activity no longer required
- Domain names
- A new tort of unfair competition?
Data protection
- Introduction - first interpretation by the court of the new act in the context of privacy and image
- Increasing reliance by claimants upon the DPA
- Douglas/Zeta-Jones
- JK Rowling's son
Defamation
- Reputation in one's name
- Reputation in one's image
- False endorsement and defamatory meaning it conveys
- Protection in a new era
- Malicious falsehood
Copyright
- The protection of names
- The protection of image
- The defence of fair dealing
- The defence of incidental inclusion
- Performers' rights
- Authors' moral rights
Trade mark
- The policy behind the protection of names
- Image, name and signature - the approach of the registry and the courts
- Celebrity endorsements and the need for distinctiveness
Contract
- Negotiating the deal for the celebrity
- Negotiating the deal for the corporate
- The standard contract
- Delivering what was agreed or intended
- The occasional need to imply terms
- The event organiser - controlling the right to take images
- Obtaining the necessary rights
Regulatory codes of practice
- Complaints about misuse of image in advertisements
- Dissatisfaction with the decision of the ASA or the Ofcom complaint
- Domain name dispute resolution procedures
- New technology
Conclusion
- Jurisprudential arguments in support of an image right
- The critics' response
- How might a publicity right be recognised in the United Kingdom?
- Possible developments in the law
Appendix: twentieth century icons: historical evolution of publicity rights in the USA
- Early development
- As the right evolves, so its ambit increases
- Merely evoking identity - increasing potential liability
- It may exist, but was the right inheritable?
- Is authorised exploitation during lifetime necessary?
- The Lanham Act
