Abstract des Autors

With large financial interests at stake it is not surprising that the legal status and protection afforded to Image Rights is acutely significant. Indeed such is the significance that exploration of this and the surrounding issues will form the central theme of this chapter. An international perspective is adopted which compares and contrasts the various approaches to the protection of Image Rights in a variety of jurisdictions. A particular emphasis is placed on the UK where the debate is particularly contentious due to the approach adopted by the domestic courts, frequently criticised for their deemed failure to provide adequate legal protection for the Image Rights of famous individuals. The author will examine this perception and
assess the adequacy of the possible causes of action that a sports athlete may bring when faced with the unauthorised use of these rights. Proposals for reform are submitted where appropriate. The role and effect of European Law is also given due consideration as an important development in the field. The author examines the moral, social and ethical issues surrounding the use of an individuals image which are fundamentally important internationally as such considerations may contribute towards the formulation and direction of a jurisdictions legal rules and policy. Furthermore, no comprehensive discussion of Image Rights can take place without full consideration being given to the role and interpretation of image globally. Contrasting meanings may attach to image due to the cultural differences evident around the world. However, in order to place this discussion in context one must firstly examine what Image Rights are, and the growing importance of such rights to sports athletes. Verf.-Referat.