Book Chapter
Image Rights and Other Unorthodox Forms of Intellectual Property
Megan Richardson, Julian Thomas
Framing Intellectual Property Law in the 21st Century: Integrating Incentives, Trade, Development, Culture, and Human Rights | Cambridge University Press | Published : 2018
Abstract
In Douglas v. Hello! Ltd, Lord Hoffmann said there was no question of importing image rights or other “unorthodox” forms of intellectual property into English law, despite the case being concerned with the unauthorized magazine publication of celebrity wedding photographs with a remedy granted for breach of confidence. In this chapter we explore the unorthodoxy of image rights. Such rights have been criticized for their repressive effect on the free expression and circulation of public culture. We argue that the public presentation of a person’s face or appearance, captured in a photographic or other form, may employ creative processes of cultural fashioning.