Image Rights: Exploitation and Legal Control in English and Hungarian Law

Abstract

In the past decades due to changed technical advances, features of the personality have become economically exploitable to an extent not previously known. Pop stars, TV celebrities as well as famous athletes have sought protection against the commercial use of their images, names and likenesses without their consent. Despite the economic value of personality and image rights, there is currently no international standard or agreed legal concept for recognizing an image right. While many jurisdictions, for example, the US, Germany, France and Hungary offer express statutory protection against the unauthorized commercial use of an individual's image by a third party in the context of publicity or personality rights, English law provides no cause of action for the infringement of image rights as such. Although a celebrity may currently obtain protection through various statutory and common law rights, such as the developing law of privacy, trade mark law breach of confidence and, in particular, the tort of passing off, none of these rights were designed to protect image or personality rights. In this context, this article explores the potentially enforceable rights, their benefits and practical strategies to protect name and image rights in the UK and Hungary.