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Image Rights :
They are:
"All legal rights that subsist in relation to the use, exploitation, reproduction of or association with the name, autograph, statements, biographies, testimonials, endorsements, photographs, performances, film, video or sound recording tape, voice, image and/or fair likeness of a particular person, including UK and foreign copyrights, registered and unregistered trademarks, goodwill and any other intellectual property or other rights capable of being held by that person".
The components of Image Rights include the following:-
- Image or Likeness
- Character
- Name
- Nickname
- Signature
- Voice
- Persona
- Hairstyle
Basically, the image rights of a 'personality' are a valuable intangible asset that can be exploited by commercial organizations. Examples include:-
- Sports equipment manufacturers
- Car Manufacturers
- Crisp Makers
- Professional Football Clubs
It makes financial sense to split Image Rights from Playing income in sports, thinking particularly of rugby and football, as image right exploitation is not deemed employment therefore saving tax and National insurance for both the Player and Club.
This is done by a player assigning or licensing his "Image Rights" to a separate legal entity (e.g. a company), and then that entity (or entities) contracts directly or indirectly with a club.
This can be done by a sportsman Domiciled in the UK through a UK company or a non UK Domiciled Sportsman through an off shore company.
A leading case on this subject is "Evelyn & Jocelyn" where the Revenue lost. It was found that a commercial image rights exploitation contract was not an employment contract and it was not for the Revenue to dictate what was commercial and what wasn't. The Revenue chose not to appeal.
What is important to Image Contracts is the profile of a player at a particular club and also both nationally and internationally. Other commercial contracts the player has should also be taken into account when considering setting an image right company up. Playing ability is less important.
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Image Rights :
They are: "All legal rights that subsist in relation to the use, exploitation, reproduction of or association with the name, autograph, statements, biographies, testimonials, endorsements, photographs, performances, film, >>> |
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