Guernsey: The Right Image

Last Updated: 2 April 2013
Most Read Contributor in Guernsey, September 2018

Tom Amy of Ogier Private Wealth says Guernsey's image rights legislation has continued the Island's tradition for innovation.

Mention 'Guernsey' and 'sport' to anyone and they will most likely refer to Matt Le Tisier, the prodigiously talented, much-loved character who faithfully served Southampton Football Club for many years. More recently, Guernsey-born Heather Watson has received significant media attention surrounding her advance into the top 50 of the World Tennis Rankings and status as British Number One. Other sporting connections to this British Crown dependency include Andy Priaulx (world champion, touring cars), Lee Merrien (marathon runner and Team GB Olympian) and, until recently, Jenson Button was a resident of Guernsey.

Guernsey is also well known for its financial services industry. Over the past five decades Guernsey has developed to become politically, economically and financially stable with robust, modern legislation and regulation, a well-developed court system and high-quality service providers. It currently has £274 billion of assets under management. Having its own legal system means Guernsey can be innovative in terms of establishing new legislation to cater for the fast changing modern world. One example of this is the Guernsey Image Rights Legislation that was introduced in January 2013. With the UK only offering piecemeal protection for image rights, Guernsey's protection for registered image rights provides a statutory registerable personality and image rights regime designed to prevent unauthorized commercial exploitation.

With modern technology and instant global media channels the value of a celebrity's image in recent times has rocketed and is now a substantial source of income for sporting stars, entertainers and celebrities. Intellectual property rights legislation relating specifically to image however is less developed - until now.

Ground-breaking Image Rights Legislation

Guernsey has introduced legislation, the first of its kind in the world, designed to protect personalities and images. Currently, copyright, trademark and patent legislation exists in many countries around the world (including in Guernsey), but there was no such legislation specifically providing for registration and protection of image rights.

Whilst almost any personality or image can be registered, it is envisaged that the protection afforded by the Ordinance will be of particular interest to those in the public eye such as media and sports personalities.

How Does It Work?

What can be registered

  • Personality - the public perception of a person which includes a natural person, a body corporate, two or more persons intrinsically linked in the eyes of the public, a group or a fictional character.
  • Images - which can include the name, voice, signature, appearances, expressions, mannerisms, photo, or any illustration or representation of a person.

Type of protection provided

A registered personality and their image rights are the personal property of the proprietor. Image rights may be licensed to others and may also be assigned. Other rights and remedies are provided by the Ordinance. Registration provides evidence that a right exists and protection commences on the date the application is made.

How to register

Registration is made by way of application which must be accompanied by the information, documentation and fees, as prescribed by the Registrar of Personalities and Image Rights. There are certain circumstances in which an application will be refused, including where the images are of an indecent nature, deceive the public or are made in bad faith. Personalities are registered for an initial period of 10 years and may be renewed for a further 10 years (without limit on how many renewals can be made). Images are registered for an initial period of 3 years and may be renewed for a further 3 years (without limit on how many renewals can be made). An initial registration fee is charged as well as an annual fee. These are set out on the Registry of Personalities and Image Rights website. For example, the initial registration of a personality and one image, of a natural person, currently costs £1,000.

Advantages

Registration provides a clear identification of the personality and image in respect of which protection is sought. It also clearly identifies the date on which the right was first claimed. In either case, this may assist in enforcement of such rights in other jurisdictions. Another key attraction of this new legislation is that it provides the opportunity to incorporate image rights into succession planning activity. Through registration, the rights can be treated as an asset in a similar manner to other intellectual property assets. Tax residency considerations will impact how best to use the Guernsey image rights legislation in structuring financial transactions involving the right and/or succession planning decisions.

A number of locally based fiduciary companies offer management services in respect of registered rights and considerable skill and experience already exists in Guernsey in respect of other rights and assets. There is also no income tax on royalties, save in respect of persons who live in Guernsey, and there is in any event no inheritance or capital gains tax on the transfer of such rights. In today's marketplace where image exploitation and product endorsement can be extremely lucrative, the Ordinance is a welcome development in intellectual property legislation and is likely to lead to the development of this area of law worldwide.

The Ogier Solution

Ogier Private Wealth is an independent specialist team of lawyers and administrators based in financial centres across the globe catering specifically for the needs of high net worth individuals, wealthy families, family offices and owner managed businesses. It is also a leading provider of services to corporate clients wishing to remunerate, retain and encourage their valued senior management teams.

Wealth structures can be established for many reasons, be it succession, asset protection, tax efficiency, family governance or confidentiality, and our team of lawyers and skilled administrators work together across all the major offshore jurisdictions to deliver a discreet and professional service which robustly meets the objectives of the full range of wealth management structures.

Fiduciary Services include:

  • Trust and Foundation Administration
  • Family Office
  • Business Succession
  • Real Estate
  • Philanthropy
  • Employee Benefits

Trust and Foundation Administration

Ogier Private Wealth provides an independent, bespoke and discreet administration service principally to trusts and foundations for individuals and families, although many structures we administer also contain companies and partnerships.

Family Office

Ogier has built up longstanding relationships with international families and deals first hand with issues relating to family governance and succession. We also have a wealth of experience in relation to the full spectrum of assets in structures we administer.

Business Succession

In the transmission of a business from one generation to the next, or on the sale of an owner-managed business, pressures are placed on families as they are confronted with a myriad of challenges. The aim of our business succession team is to share our experience and to put in place the right framework for succession.

Real Estate

For Ultra High Net Worth individuals and families, real estate is very often a key asset class both for personal and investment purposes. Ogier Private Wealth is able to call on the resources of a dedicated Real Estate Team to administer structures which are designed to hold either residential or commercial property. We have extensive experience of administering structures holding high end residential property and have the contacts and skills to provide payroll and concierge services.

Philanthropy

For individuals and families looking to create platforms for charitable or philanthropic giving, we are able to utilise our network of offices and multi-jurisdictional expertise to choose the right vehicle and administer it in the right time zone.

Employee Benefits

Our Employee Benefits Team is uniquely placed to deliver full service, pragmatic solutions in this rapidly developing arena. Employers and participants benefit from bespoke online access to award and benefit information, plan documentation and financial data. A flexible reporting function keeps participants and employers informed with detailed reports and statements on demand.

Originally published in FC Business, January 2013

For more information about Guernsey's finance industry please visit www.guernseyfinance.com.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
GuernseyFinance
GuernseyFinance
GuernseyFinance
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
GuernseyFinance
GuernseyFinance
GuernseyFinance
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions