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- A broad and inclusive process for the progressive development of a right to the image is possible under existing rules of international human rights law.
ff.hrw.org/sites/default/files/films/press_kits/ARighttotheImage.pdf
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What are image rights?
- The Current Setting of Image Rights
- A Growing Demand For Image Protection in The Digital Universe
- Emerging Applications of Image Rights
- Digital Enforcement: Online Platforms and Due Process
- Conclusion
- Author Notes
In December 2019, climate activist Greta Thunberg announced that she was applying to register a trade mark in her own name. Writing to her followers on social media, she explained: Thunberg expressed concern that her name was ‘constantly being used for commercial purposes without any consent whatsoever [...] for instance in marketing, selling of pr...
Online content dissemination has exponentially increased the difficulty of protecting one’s image from unauthorized use. Consider the prevalence of photographs posted on social media: on Facebook, an average of 350 million new photos are uploaded daily.7 At the same time, misappropriations of individuals’ names, likenesses and other indicia have sk...
Deepfakes and synthetic media
Synthetic media refers to content generated or modified by artificial intelligence (AI). Deepfakes are a type of audio-visual synthetic media in which a person’s likeness or voice is replicated using machine learning techniques and then manipulated to make them appear to do or say things that they never did or said.19 Like any new technology, deepfakes are a double-edged sword. On the one hand, deepfakes have been used to develop new creative works,20 preserve the anonymity of sources in docu...
Influencer marketing
On social media, influencers have emerged as a new species of celebrity. Across Facebook, Instagram, Twitter and TikTok, influencers are frequently sought after for commercial partnerships with brands. The importance of building trust as an influencer underscores the interwoven nature of dignitarian/autonomy and economic interests. Micro-influencers (10 000–50 000 followers) and nano-influencers (1000–10 000 followers)38 lack the reach of their more famous counterparts, but they can build aut...
Digital avatars
A highly anticipated feature of the metaverse is the ability to interact with others while inhabiting a digital avatar. Microsoft has announced plans to update its video-conferencing software Teams to enable users to be represented by a 3D animated version of themselves.43 Similar projects are being developed by Meta and various tech start-ups.44 Digital avatars raise a fascinating question: Is my digital avatar a part of my image? Arguably, digital avatars blur the lines between personal ind...
The traditional way to enforce image rights is to seek redress in court. However, this approach suffers from numerous issues concerning de facto access to justice, which make litigation unappealing or inaccessible to many potential claimants. Traditional court procedures are costly, time-consuming and inadequate to deal with the volume of content g...
Whether by memes, viral photo bombs or forms of image-based sexual abuse, individuals’ images are tweeted, texted and posted online in a myriad of ways daily. Consequently, the spotlight has fallen on the right to control one’s image in the modern digital world. No longer just an esoteric area of law exclusively reserved for celebrities, image righ...
For a more comprehensive analysis of the development of image rights at an international level see Frederick Mostert and Sheyna Cruz, ‘How Image Rights Have Changed over The Past 20 Years’, in Hayleigh Bosher and Eleonora Rosati (eds), Developments and Directions in Intellectual Property Law. 20 Years of The IPKat(OUP, in press).
Jul 26, 2021 · To safeguard an individual's image, both from a dignity and commercial point of view, the UK frames the protection in the context of tort law, namely the torts of Breach of Confidence and Passing Off. 84 This lack of concrete Image Right protection is to not threaten the UK's Freedom of Expression and consequently the divulgation of truth ...
- Alix C. Heugas
- 2021
Freedom of Expression Under International Law. The United Nations was the first international entity to enshrine the right to freedom of expression in international law in 1948 with the UDHR.
Under common law jurisprudence, a personality right is the right of an individual to control the commercial use or exploitation of his or her name, image, likeness or other unequivocal aspects of his or her identity.
International human rights instruments or treaties and other international documents relevant to international human rights law and the protection of human rights in general can be classified into two categories: The international human rights movement was strengthened when the United Nations General Assembly adopted of the Universal
A series of international human rights treaties and other instruments adopted since 1945 have conferred legal form on inherent human rights and developed the body of international human rights. Other instruments have been adopted at the regional level reflecting the particular human rights concerns of the region and providing for specific ...
