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Guernsey’s New Image Rights Legislation – Opportunities for Licensing

Guernsey’s New Image Rights Legislation – Opportunities for Licensing Presentation to STEP Luxembourg 16 April 2013 Sam Shires, Group Partner AO Hall - Legal Specialists . OUTLINE. Background to Guernsey’s Image Rights Legislation (“ IRL ”) Outline of the IRL Benefits of the IRL

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Guernsey’s New Image Rights Legislation – Opportunities for Licensing

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  1. Guernsey’s New Image Rights Legislation – Opportunities for Licensing Presentation to STEP Luxembourg 16 April 2013 Sam Shires, Group Partner AO Hall - Legal Specialists 

  2. OUTLINE • Background to Guernsey’s Image Rights Legislation (“IRL”) • Outline of the IRL • Benefits of the IRL • Licensing Example

  3. BACKGROUND TO THE IRL • The “Cult of the Celebrity” • Image Rights = public expression of personality • Law has not kept up with technology and society • Market opportunity to provide clarity and certainty • Complimentary to existing IP Rights

  4. BASIC CONCEPTS / HOW THE IRL WORKS • Personnage (natural person, legal person, joint personality, group or fictional character) • Registered personality • Proprietor • Anyone can register (in person or via Guernsey resident agent) • No restrictions on holding entities

  5. DEFINITION OF IMAGE (SECTION 3 IRL) • Name or alias • Voice, signature, likeness, appearance, silhouette, feature, face, expressions (verbal or facial), gestures, mannerisms and other distinctive characteristic or personal attribute • Photograph, illustration, image, picture, moving image or electronic or other representation

  6. REGISTRATION UNDER IRL GIVES YOU: • Registered right (on public record) • Property right • Image rights (registered and unregistered) • Infringement protection • Moral rights

  7. EXAMPLE LICENSING STRUCTURE Playing Contract Playing Contract Club (Club Images) National FA (National Team Images) Assignment Image Rights Limited (Individual Images) Licence Licence Registered Image Rights

  8. BENEFITS OF REGISTERING LICENCES UNDER THE IRL • Put world on notice of interest • Priority over competing interests in Guernsey image rights • Statutory rights on infringement of image rights: • to compel proprietor to act • “step-in” rights if proprietor does not act

  9. Guernsey’s New Image Rights Legislation – Opportunities for Licensing Presentation to STEP Luxembourg 16 April 2013 Sam Shires, Group Partner AO Hall - Legal Specialists 

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