Image Rights in UK Law
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Proactive Sports Management Ltd v Rooney and another
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However, in practice, I find that the line between the two stages identified by Jonathan Parker J is not clear cut, and that the analysis has to be an iterative one between them. In particular, the matters that might be raised under the second stage might also be relevant to the question whether the doctrine of restraint of trade is engaged at all.
It will be recalled that the Rooneys had no legal advice at the time of execution. This is all the more important in the light of the judge's finding that, on Proactive's side, a longer term than usual was demanded for the IRRA because it was known that WR was "hot property". The absence of independent legal advice in my judgment deprives the fact that the Rooneys were content with the terms of the IRRA of probative weight on the restraint of trade issue.
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R (Andrew Wood) v the Commissioner of Police for the Metropolis
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This cluster of values, summarised as the personal autonomy of every individual and taking concrete form as a presumption against interference with the individual's liberty, is a defining characteristic of a free society. At the same time it is important that this core right protected by Article 8, however protean, should not be read so widely that its claims become unreal and unreasonable.
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Aaa v Associated Newspapers Ltd
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In publishing the photographs, the rights of the claimant have been breached, any award should reflect this fact and serve as notice, both as to the present and the future as to how seriously the court regards infringement of a child's rights. This is particularly so in a case when there is such interest in the public persona of the alleged father. To reflect these matters, I assess a total award of damages in the sum of £15,000.
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Michael Douglas and Another v Hello! Ltd and Others
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I quite see that such an approach may lead to a distinction between the circumstances in which equity affords protection to those who seek to manage their publicity as part of their trade or profession and whose private life is a valuable commodity and those whose is not but I am untroubled by that; the law which protects individual confidences and a law of privacy may protect the latter class and provide no reason to diminish protection for the former.
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Force India Formula One Team Ltd v Etihad Airways PJSC and Another
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What appears to me to be clear is that, assuming the change of name to be a material breach of the Agreement, it was a breach which was plainly remediable. If E/A had given the notice required by clause 21.3.1(a) of the Agreement, the Team could have changed the team name back to Etihad Aldar Spyker F1 Team. There is no reason to suppose that this change back would have been prevented by the F1 authorities. No objection was made to the various changes to the chassis name.
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Fish & Fish Ltd v Sea Shepherd UK and Others
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The main thrust of the Claimant's pleaded case was that the attack was directed or authorised or carried out by SSUK. Once it is found that Watson and the crew were not acting on behalf of SSUK the Claimant has to rely on participation which is remote in time and place. Whether considered individually or collectively I find that the matters so relied upon are of minimal importance and played no effective part in the commission of the tort.
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Criminal Justice and Courts Act 2015
....... (4) “Photograph or film” means a still or moving image in any form that—(a) appears to consist of or include one or more ...(1) Section 53 of the Mental Capacity Act 2005 (rights of appeal from the Court of Protection) is amended as follows. . (2) For ......
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Counter-Terrorism and Border Security Act 2019
......—“(1A) A person commits an offence if the person publishes an image of—(a) an item of clothing, or(b) any other article,in such a way or in ... (9) insert—“(10) A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained. . (6) In ......
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Domestic Abuse Act 2021
...... any public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal. . Annotations: Commencement ...—(a) take P's fingerprints;(b) photograph, or otherwise produce an image of, P or any part of P. . (6) The power in subsection (5) is exercisable ......
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Criminal Justice and Licensing (Scotland) Act 2010
...... Kingdom,(d) an individual who has made an asylum claim, or a human rights claim, which has been granted,(e) any other individual who has made an ... section, references to a photograph also include a tracing or other image, whether made by electronic or other means (of whatever nature) , which is ......
- Publicity and Image Rights in Scots Law
- Gillian Black, PUBLICITY RIGHTS AND IMAGE: EXPLOITATION AND LEGAL CONTROL Oxford: Hart Publishing (www.hartpub.com), 2011. xx + 223 pp. ISBN 9781849460545. £45.
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To know or not to know: Should crimes regarding photographs of their child sexual abuse be disclosed to now-adult, unknowing victims?
This paper considers the unexplored question of whether unaware crime victims have rights or interests in knowing and not knowing information pertaining to the crime(s) committed against them. Our ......... the unexplored question of whether unaware crime victims have rights or interests in knowing and not knowing information pertaining to the ... a conceptualisation of the issues regarding unknowing abusive image victims. A rights-based con- ceptualisation proves to be largely ......
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Reflecting on Age Discrimination and Rights of the Elderly in the European Union and the Council of Europe
Since 2000 an abundance of rights is ostensibly available to persons living in the European Union. Among the new groups to emerge as visible recipients of rights are the elderly and victims of age ......... e many pos itive developments al so create a misleading image of a consi stent human rights culture in the EU. e disjointed reality reinforces the important and compleme ntary role of each element of the ......