Abstract: The internet is an intrinsic part of our daily life. No longer do we go online to work, play or purchase; we are now in a world where everyone and everything simply is online. Cloud computing is the standard operating process, communications system and underlying infrastructure of the internet. These technological developments have produced incursions into the private space of people, with serious impacts on privacy for the individual, communities, and society. This is of paradigm- shifting significance to the law as it changes the way in which information is managed, especially where personal data processing is concerned. This poses the question: Does privacy still matter? This paper will address the privacy concerns intrinsic to both big data and cloud computing. Download th... Read More

While the outcome of Rihanna’s recent battle with Topshop[1] may have been a surprise to many, it did not create any new law. Indeed the decision of Mr Justice Birss reiterated established principles of English law, and highlighted its limitations when it comes to preventing the unauthorised use of celebrity images: “[T]oday in England [there is] no such thing as a free standing general right by a famous person (or anyone else) to control the reproduction of their image”. Rihanna succeeded in her complaint based on Topshop’s sale of a t-shirt bearing her picture, but the grounds for her victory were very fact-specific: Rihanna was a recognised style-icon, with whom Topshop had fostered an association, and the picture resembled a publicity shot for a then-recent musical release.... Read More

Icondia is the first company to be granted the registration of a ‘corporate personality’ under Guernsey’s Image Rights legislation. Icondia’s registration was approved on 22 July 2013, and is the first registration of a commercial entity following the recent reduction of registration fees for ‘legal persons’ The ‘Image Rights (Bailiwick of Guernsey) Ordinance, 2012’ law uniquely permits ‘personality’ to be registered as an item of intellectual property. Download Full Press Release Read More

Digital technology is detaching information from the physical plane, where property law of all sorts has always found definition. Virtual world property is, likewise, detached from the physical plane. Historically, intellectual property law concentrated not on ideas, but on the expression of those ideas. The ideas themselves were considered to be the collective property of humanity. To express an idea was to make it physical. The law protected the physical expression. One did not get paid for the idea but for the ability to deliver it into reality. The value was in the conveyance and not the thought conveyed. In other words, the bottle was protected, not the wine (Barlow, 2004). Download full insight Read More