Protecting the image: applying a right of publicity to images uploaded on social networks

Article


Georgiades, Eugenia. 2019. "Protecting the image: applying a right of publicity to images uploaded on social networks." European Intellectual Property Review. 41 (1), pp. 38-45.
Article Title

Protecting the image: applying a right of publicity to images uploaded on social networks

ERA Journal ID33301
Article CategoryArticle
AuthorsGeorgiades, Eugenia
Journal TitleEuropean Intellectual Property Review
Journal Citation41 (1), pp. 38-45
Number of Pages8
Year2019
PublisherSweet & Maxwell
Place of PublicationUnited Kingdom
ISSN0142-0461
1749-5083
Web Address (URL)https://legal.thomsonreuters.com.au/european-intellectual-property-review-parts/productdetail/16935
Abstract

The uploading and sharing of personal images on social networks is one of the most popular ways to communicate online. When personal images are created, different interests arise between the creator of the image and the subject whose image is captured in the photograph. It is important to distinguish between the creator and the subjects interests because different rights arise when a photograph is misused. While copyright law protects photographs, there is a significant gap of protection afforded to the creators rights and the subjects rights. This gap may potentially result in personal images being misused by third parties when those images are uploaded online. When a third party photographs a person, the person whose image is captured is often left with limited legal protection over the use of their image. This is because the subject is not protected by copyright and must seek protection in other areas of law. The United States' development of publicity rights has provided a rich scholarship that may be a potential model for other jurisdictions in considering whether a right of publicity may protect the misuse of personal images. This article explores whether a right of publicity is adequate to protect personal images that are uploaded online from misuse.

KeywordsComparative law; Freedom of expression; Image rights; Publicity; Social media; United States
ANZSRC Field of Research 2020480603. Intellectual property law
480408. Law, science and technology
470199. Communication and media studies not elsewhere classified
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Byline AffiliationsBond University
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