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ARTICLE · 22 JULY 2016

A Messi patchwork of image rights

Individuals must use a combination of copyright, consumer law, trade mark and common law rights to protect their image.

AustraliaIntellectual Property

IN BRIEF

In the wake of international football star Lionel Messi's recent fine and jail sentence associated with the earnings from his image rights, some may be curious as to whether image rights exist in Australia. In simple terms, image rights as they apply in Europe or the USA do not exist in the same manner in Australia. However an individual's image can be protected and exploited in Australia using a patchwork of legislative and common law provisions.

Lionel Messi, an Argentine professional footballer who plays as a forward for Spanish football club FC Barcelona, was recently sentenced to 21 months imprisonment and fined approximately €2 million in Spain for using tax havens to conceal earnings from his image rights. Image rights principally mean the right to control the use of an individual's image. Understandably, they can be quite lucrative for celebrities through merchandise and endorsements as major companies will often wish to associate themselves with a

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