Abstract: Can a Royal personnage be protected by the Image Rights (Bailiwick of Guernsey) Ordinance 2012? How would one balance the rights of free speech and free press with the economic and dignitary interests of the Royal personnage? Does the European Convention on Human Rights have a role to play in this balancing act? If the Queen is not above the law, then neither should the law be beneath her. (This article was first published on 3 February 2014) Download the full insight Read More

Artist and alleged thief, Richard Prince, reminded us that what you post is public. It can be shared for anyone to see and, apparently, use. As a part of the Frieze Art Fair in New York, Prince displayed giant screenshots of other people’s Instagram photos without warning or permission. He then sold these prints for $90,000 apiece. Is copyright law so very flexible? This article first published here:  https://cyberlawandregulation.wordpress.com/2015/06/03/me-as-stolen-by-richard-prince/ Download the full insight. Read More

Strategic brand management is at the core of any global company’s success. Sound traditional strategy advocates that companies protect their patents and trademark rights early and proactively. However, this advice is dated and static. A new dynamic and flexible intellectual property right has arrived: image rights. Image rights encompass the commercial exploitation of a brand’s identity and associated images linked to that brand. They are related to the distinctive expressions, characteristics or attributes of, or associated with, a brand’s personality. They can grow and develop in tandem with your brand. Just as you do not have to register your child’s birth and existence each year, nor do you have to register your brand’s growth and changing personality. You just add an imag... Read More

Many interested parties have posed the question how can a foreign law be upheld in the United States. The answer will be based upon a California law entitled Uniform Foreign-Country Money Judgements Recognitions Act. “Instantaneous access to valuable data and information, and relatively inexpensive intercontinental transportation, combined with international commerce, have solidified the notion that we truly live in a borderless world.  Those nations that have recognized the need to guarantee fluid access to this universal system are well positioned to attract human and capital investments, precious resources in the stage of worldwide competition.  California has always been at the forefront of this new frontier.  It offers one of the most efficient, predictable and fair judicial syst... Read More

If you are in the business of brand licensing then you need to know about LIMA.  LIMA is the Licensing Industry Merchandisers' Association and is the official sponsor of Licensing Expo 2015.  This is one of the key annual exhibitions for any firm looking to license brand or celebrity image.  It takes place during June 9th to June 11th in Las Vegas and will feature some of the biggest names in media, entertainment, and marketing.  Icondia will be attending and will have a team of three available to provide advice on the merits of image rights as an integral part of brand protection for corporations and individuals alike.  Identity is cause,  brand is effect.  Icondia creates intellectual property from corporate or personal identity through the registration of personality as a regist... Read More

Publicity rights have been at the centre of controversy in Korea on numerous occasions.  Many celebrities have claimed that their rights have been violated,  but so far none have been successful in bringing a court action against the alleged infringers.   This issue was considered in an edition of the Korean radio station eFM's 'Primetime' program,  broadcast on 25 March 2015.   Icondia was invited to take part as a leading authority on registered image rights.  Dr Angela Adrian was questioned about the nature of registered image rights,  who could register and what the process involved.   You can listen to the entire program below.  The interview with Angela Adrian starts at 06:00 minutes into the program. For more information about registered image rights,  contact enquirie... Read More

Icondia were one of several speakers at a recent seminar organized by the International Assoication of Lawyers for the Creative Industries (‘IALCI’).   This seminar was one of a series concerning the protection of the intellectual property belonging to brands within the fashion and luxury goods industries, featuring actual and hypothetical situations faced by high profile manufacturers and individuals. Speakers included Annabelle Gauberti of law firm Crefovi, Michael Skrein on the Rihanna v Topshop dispute, Jane Lambert of 4-5 Gray’s Inn Square, Stuart Durham of Netnames, together with others, including Icondia’s Keith Laker on the subject of using registered image rights as an additional tool for the purpose of brand protection. In particular Laker drew a comparison with how... Read More

Image Rights: Adding value to Goodwill. In December last year, Icondia gave a presentation at the Wyscout football symposium concerning the significance of creating actual property rights by way of registered personality. All too often people dismiss the concept of the Guernsey Image Rights Ordinance as an irrelevance in the wider commercial world where image rights have long been accommodated by way of contracted rights between parties. They miss the point entirely – and it’s an important point. Registration of Personality creates property rights. Unlike ‘goodwill’, which is the most ephemeral of assets, the creation of actual property rights means that transferring this personal property becomes easy. As things currently stand, it is difficult to transfer personal goodwill... Read More

The UK Court of Appeals has confirmed what everyone already knew: ‘She is a style icon.’ Rihanna won the appeal made by TopShop, who was held to be ‘passing off’ Rihanna’s image as endorsing their own product. It is important to realize that English law has never recognized ‘image rights’. These decisions were based on the concept that Rihanna’s image is a business asset; and she lost money on that asset because of Topshop’s t-shirt. The trial court relied upon very particular facts and established a general principle that goes against any celebrities who might have hoped to see the beginnings of a general image right. The Appeals Court agreed with the factual findings that Rihanna’s identity has value and with the legal principle that there is no distinct ‘image r... Read More

Andy Warhol (1968) is famously quoted as saying: “In the future, everyone will be world-famous for 15 minutes.” Everyone has the possibility of becoming a celebrated personality. When you become a celebrity; you become a commodity. The commoditization of image has real value, both directly - for the individual concerned - and indirectly, in terms of generating income for firms specializing in hosting social media (Adrian, 2013) What about all of the people who do not deem themselves to be celebrity, yet share their life publicly on the internet? “Most users of popular photo-sharing sites like Instagram, Flickr and Pinterest know that anyone can view their vacation pictures if shared publicly. But they may be surprised to learn that a new crop of digital marketing companies are sear... Read More