News

The passing of Carrie Fisher (October 21, 1956 – December 27, 2016) has caused an unprecedented stir in Hollywood - most notably due to the reprisal of her role as Princess Leia in 2015's Star Wars: The Force Awakens and in speculation over her character's return in yet-to-be-filmed episodes. Filmmakers have been utilizing advances in digital technology to resurrect characters after a performer dies. Another from the Star Wars cannon, Grand Moff Tarkin, originally played by long-dead actor, Peter Cushing, was recreated in the recent Rogue One: A Star Wars Story. I would like to pause here and quote her speech at the 2005 AFI Lifetime Achievement Awards ceremony. The award was being presented to George Lucas. "Hi, I’m Mrs. Han Solo, and I’m an alcoholic. I’m an alcoholic be... Read More

The latest communication from Kensington Palace represents a heartfelt plea on behalf of the Duke and Duchess of Cambridge to respect the privacy of Prince George and Princess Charlotte. In an open letter to the media released today, Communication Secretary Jason Knauf relates the extreme lengths to which one paparazzi photographer went to obtain images of the Royal Prince.   In a description more reminiscent of a spy thriller, he relates how the photographer  “… rented a car and parked in a discreet location outside a children's play area.  Already concealed by darkened windows, he took the added step of hanging sheets inside the vehicle and created a hide stocked with food and drinks to get him through a full day of surveillance, waiting in hope to capture images of Prince Geo... 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

Icondia is pleased to confirm the registration of Wildlife Personalities Limited with effect from 28 October 2014 as a registered personality on the Guernsey Image Rights Register. Registered images associated with Wildlife Personalities Limited include the so-called 'monkey selfie' images of macaque monkeys. Use of registered images for commercial purposes without the consent of the rights holder may constitute infringement of the registered image rights. All enquiries regarding the use of these registered images should be directed to enquiries@icondia.com Read More

Further to our news item on Katherine Heigl last month, Benjamin Stein provides an update and comment on this case. His comments in the last paragraph make good advice for any company considering using fortuitous or opportunistic marketing material.   Searching the the Image Rights Register should be standard procedure as part of the due diligence on prior rights. For more information on the registration of personality, visit icondia.com Read More

Actress Katherine Heigl has decided to sue US pharmacists Duane Reade for unauthorized use of her image.  In a guest post for Forbes Magazine,  Andrew Udin has provided some insight into this decision and comments on the likelihood of success. Udin makes two points well:  that under US law, the right to privacy is the same for celebrities as it is for anyone else and also that – in the eyes of the retailer at least – a social media presence has value.  Both points are relevant to the concept of Registered Personality as facilitated by registration on the Guernsey Image Rights Register.  The law is not predicated on privacy rights but on the more straightforward question of unauthorized economic benefit by others, using images (any images) of the registered personality.  Moreov... Read More

http://www.standard.co.uk/showbiz/ So – Rita Ora has fallen out with the company with which she reportedly had an ‘agreement’ – presumably a product endorsement agreement in respect of the Superga clothing range reported here.  The point is not so much that she had an agreement (and there’s no indication of the terms therein),  but rather the fact that her image rights – such as they are – are limited to the terms of that agreement.  “Image Rights do not exist in English law”, to paraphrase Mr. Justice Birss’ apt reminder last year in the Rihanna v Topshop spat. According to the report, “Rita Ora has also asked for an injunction to be put in place, to stop the company from selling goods linked to her”.  That’s all well and good, but her ability to bring... Read More

In the case of Edem v Information Commissioner, [2014] EWCA Civ 92, the Court of Appeal confirmed the scope of its ruling in the Durant case. “An individual's name constitutes their personal data.” Although the Court noted that a name may not constitute an individual's personal data where the name is so common that without further information (such as its use in a work context) a person would remain unidentifiable. The Court narrowed the application of Durant v FSA, [2003] EWCA Civ 1746, where personal data was determined using the following criteria: The data must: • be biographical in a significant sense; and • have the data subject as its focus. However, context was key in the Durant case. Mr Durant had requested access to documents in which he was merely mentioned b... Read More