Revisited: “Does Article 8 mean the law should recognise image rights” – Hugh Tomlinson QC

1 12 2010

BD2540-004In this feature we revisit older posts which remain of current interest. This post from March 2010 considers the implications of the Article 8 case law for “image rights”

The English common law does not recognise what French lawyers call “image rights”. In the United States such rights are an aspect of the tort of privacy – the so-called “right to publicity” (for a recent case on these see here). But English law has, up to now, not recognised such rights. This means that, unless some issue of libel, copyright or “passing off” arises, the media can publish any photograph of a person without that person’s consent. Read the rest of this entry »