A Right That Should've Been: Protection of Personal Images on the Internet

Article

Georgiades, Eugenia. 2021. "A Right That Should've Been: Protection of Personal Images on the Internet." Idea (Concord): the intellectual property law review. 61 (2), pp. 275-327.
Article Title

A Right That Should've Been: Protection of Personal Images on the Internet

ERA Journal ID20873
Article CategoryArticle
AuthorsGeorgiades, Eugenia
Journal TitleIdea (Concord): the intellectual property law review
Journal Citation61 (2), pp. 275-327
Number of Pages53
Year2021
Place of PublicationUnited States
ISSN0019-1272
Web Address (URL)https://law.unh.edu/blog/2021/07/idea-volume-61
Abstract

This paper provides an overview of the current legal protection of personal images that are uploaded and shared on social networks within an Australian context. The paper outlines the problems that arise with the uploading and sharing of personal images and considers the reasons why personal images ought to be protected. In considering the various areas of law that may offer protection for personal images such as copyright, contract, privacy and the tort of breach of confidence. The paper highlights that this protection is limited and leaves the people whose image is captured bereft of protection. The paper considers scholarship on the protection of image rights in the United States and suggests that Australian law ought to incorporate an image right. The paper also suggests that the law ought to protect image rights and allow users the right to control the use of their own image. In addition, the paper highlights that a right to be forgotten may provide users with a mechanism to control the use of their image when that image has been misused.

Keywordslegal protection; Personal Images ; Internet
ANZSRC Field of Research 2020480603. Intellectual property law
470102. Communication technology and digital media studies
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Byline AffiliationsBond University
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