Image counts : creating a platform for the protection of image rights in Malta

Abstract

Nowadays, the world of media and entertainment has become exceptionally endemic in every aspect of modern life and images of celebrities and famous personalities are constantly being employed by retailers and merchandisers to market their products. Stars, athletes and other individuals enjoying a public profile are becoming more cognisant of the commercial value in their personality, which is resulting into significant royalty fees from endorsements and personal appearances with sponsors and branded merchandise. However, such a valuable intangible asset brings with it the need to protect it from abuse and unauthorised exploitation. In the first chapter, the author sets out the commercial realities, social practices and norms of image exploitation and how personalities are used in the commercial world. The author demonstrates how attributes of a personality can be a used as a powerful commercial instrument. In Chapter 2, the author then provides a clear blueprint how personalities are protected worldwide, focusing mainly on European countries, such as Germany, France and the United Kingdom, and the United States. The author attempts to bring about the similarities and striking contrasts between the common law and the civil law jurisdictions. Chapter 3 is an analysis the world-first legislation in the Bailiwick of Guernsey which provides for the protection through the registration of personality and image rights associated with that registered personality. Lastly, the author looks into image right protection under Maltese Law. Owing to the fact that Malta does not recognise a stand-alone right of a person to control one’s own image, the author tries to examine the best possible remedies for a prejudiced individual to resort to in order to protect his image from unauthorised exploitation. The author concludes by proposing a holistic solution which may possibly fill in the current legislative gaps in image protection in Malta.