Official approval of a whole new type of intellectual property (IP) protection could be finalised in just four months’ time, following the recent publication of a draft Image Rights law by the States of Guernsey.

Developed by the Channel Island’s Intellectual Property Office (IPO), the draft builds upon an initial proposal published in spring 2011, which argued that statutory measures were ever-more necessary to protect ‘distinctive expressions, characteristics or attributes of – or associated with – a public personality’. That proposal added: ‘Although in some jurisdictions the image right developed out of the already-recognised rights of personality and privacy, nowadays the image right is generally regarded as being more than just a personal right … instead, [it] is thought of as a right of property, which can be traded in the same way as other property rights.’

While the draft contains no details as to the precise jurisdiction for which the pioneering law is intended, the Guernsey IPO hopes that a consultation based upon the draft will pave the way for the final text to come into effect in June – in time for the London Olympics. That timing suggests that the law will be internationally enforceable and designed to pick up registration interest from global celebrities and public figures.

Explaining the legislation in further detail, the IPO said: ‘Image rights are commercially important. They are an integral part of artistic expression and a product of celebrity or sporting achievement in the twenty first century. It is increasingly common and lucrative for celebrities today to commercialise their images. Sports stars, film stars, pop stars, television personalities, and many other well-known people enjoy large incomes from the exploitation of their images: for example, by allowing their images to be associated with goods or services.’

While the legislation is sure to appeal to well-known and influential people, some legal experts foresee that Guernsey’s IPO will face administrative hurdles over one of the law’s fundamental tenets. Pinsent Masons sports law specialist James Earl said: ‘Given that not everyone will be able to register image rights – on the basis that one generally has to have a sufficiently prominent and valuable “image” to exploit – it will be curious to find out just where the dividing line is between an image worthy of protection and one that is not.’


The consultation is open until 7 March. To obtain a copy of the Image Rights draft legislation, email ipo@guernseyregistry.com