How specific or similar does an image have to be to have infringed my image rights?
The law is concerned with the unauthorized economic benefit by others using characteristics of the registered personality. That means for example, that it doesn’t have to be the same photo already registered to the personality. Any photo (or drawing, or video or other representation) that is recognizable as the registered personality and from which someone else is benefitting financially, is an infringement.
OK – so an image must recognizable by whom? The law says ‘by a wide or relevant sector of the public in any part of the world’. That means that even if you are recognized only with the confines of the most specialist of groups, provided your fellow specialists would recognize you, then you can almost certainly register your image.
Will Icondia provide a service to ensure my Image Rights are not infringed?
It is our intention to do so. We are currently exploring the best way to achieve this, but we anticipate offering an optional automated search and monitoring service to locate examples of same and similar use of images unique to your registered images.
Will Icondia advise and help me if my Image Rights are infringed?
We will always do our best to assist our customers. The nature of our assistance will depend on the choices you make for registration. For example, if you choose to register your image rights in your own name, then Icondia can introduce you on favourable terms to our legal and professional strategic partners. You will be their client. If on the other hand you have decided to use Icondia’s corporate holding service Image PCC Ltd then Icondia can undertake any necessary legal correspondence on your behalf.
What should I do if my Image Rights are infringed?
Contact us – we’ll advise you of the next steps to take.