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ARTICLE · 12 APRIL 2013

IP Paradise – Guernsey’s Image Rights Ordinance

Guernsey’s Image Rights Ordinance could mean the island offers a golden opportunity for those looking to protect their personality

GuernseyIntellectual Property

Guernsey's Image Rights Ordinance could mean the island offers a golden opportunity for those looking to protect their personality

For modern famous faces whose livelihood depends on – and is even generated by – a carefully crafted image, the advent of Guernsey's newest IP legislation could come as something of a revelation – and a great relief.

While, as previously highlighted in ITMA Review, worldwide approaches to image rights are varied and sometimes vague, the Image Rights (Bailiwick of Guernsey) Ordinance 20ı2 ("the Ordinance") means the island is the first jurisdiction in the world in which personalities and their associated image rights can be registered under the protection of statutory law. Specifically, the Ordinance allows for the protection of a personnage of a natural person (living, or deceased in the past ı00 years) and can also extend to corporate images, for instance a company such as Disney. The rights can include not only the name(s) of the

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