The UK has no privacy law. Although it has taken significant steps to protect privacy with regard to the photographs of an individual. This may have repercussions for the development of image rights since it can be argued that the right to publicise one's image is one aspect of privacy.
Although it might not appear to be the case at first glance, at least at a conceptual level, there could be said to be a close relationship between the development of strong protection for privacy and the development of commercial image rights. In some other jurisdictions protection of image rights has been based on the right to privacy. For example, in France the right to privacy set down in Article 9 of the Civil Code has been interpreted widely to protect private individuals and commercial aspects of personality.
There has only one case in the UK testing the boundaries of privacy and the extent to which it can protect commercial aspects of image rights. In Douglas and others v Hello! Ltd and others [2005] EWCA Civ 595 a celebrity tried to argue that the law of privacy and/or tort of breach of confidence should protect their right to sell their private information for commercial gain. This breaks new ground and appears to have led the UK courts to recognise a limited right of publicity on the part of celebrities and, further, to recognise that the law of confidence will afford some protection to those who have entered into exclusive contracts with celebrities regarding the publication of confidential or private information regarding them.
Article kindly supplied by Lawdit Solicitors, specialists in intellectual property, internet and e-commerce issues. Lawdit offer discounted fees for all Freelance Alliance members.
