Treating Image Rights Like Intellectual Property Rights: Human Rights Implications

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Masters of Laws (LLM)
Human Rights and Intellectual Property
Rights
LAWS912
Is treating image rights like intellectual
property rights human rights friendly?
Shazren Farnaaz Khan
ID: 1378347

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Table of Contents
I INTRODUCTION.........................................................................................................
A Research Aim.................................................................................................................
B About the paper.............................................................................................................
C Parts of the paper..........................................................................................................
D Significance of the paper..............................................................................................
II IMAGE RIGHTS..........................................................................................................
E What is image rights.....................................................................................................
F Legislation......................................................................................................................
G Claiming image rights...................................................................................................
H Copyright in image rights.............................................................................................
III COPYRIGHT IN PHOTOGRAPHS..........................................................................
I International Copyright Law.......................................................................................
J Some examples in national level..................................................................................
K Trips Agreement...........................................................................................................
L Current Law (Rights of person’s photo)...................................................................
M Conclusion of the difference.......................................................................................
IV HUMAN RIGHTS IMPLICATIONS OF TREATING IMAGE RIGHTS
LIKE INTELLECTUAL PROPERTY.....................................................................
V CHAPTER 5: MORAL RIGHTS..............................................................................
N Photographer in a private event................................................................................
O Photographers right over the right of the person whose photo it belongs.............
VI HUMAN RIGHTS.......................................................................................................
P What is human rights.................................................................................................
Q Human rights of person whose photo is it.................................................................
R What is privacy law.....................................................................................................
S Does human rights apply to privacy law...................................................................
T National legislation......................................................................................................
U Rights to privacy.........................................................................................................
VII HUMAN RIGHTS OF AN AUTHOR OF A PHOTO (PHOTOGRAPHER).......
VIII CONCLUSION AND RECOMMENDATIONS......................................................
IX REFERENCES............................................................................................................

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I Introduction
In comparison to other living beings, human beings are greatly superior to others since
they possess intellect, wisdom and other innovative ideas. These decorated human minds
give birth to the intellectual property rights. Whenever this is properly exploited, wealth
can be earned. This is a novelty in the minds of the people and is commonly known as
intellectual property. Inventions, photographs, images industrial designs, literary and
artistic works are all inclusive under this branch of law. They promote commerce and in
totality called the intellectual property.
The word “copyright” is taken from the expression, ‘copier of words’ which was first
used in the Oxford dictionary in 1856. Copyright refers to the rights of the authors who
create new designs, artistic or literary works. These works also include the advanced
computerized programs. It means the original creation which includes both tangible and
intangible properties.
The convention establishing World Intellectual Property Organization, commonly called
WIPO provides wider definitions of IPR. In spite of providing wider definitions, which is
later discussed in the paper, the scope of Intellectual property rights has been widened by
the Trade Related Intellectual Property or TRIPS. TRIPs includes within IPRs the rights
of plant breeders, rights arising out of biodiversity, trade secrets and computer generated
layout designs.
A Research Aim
The fundamental aim behind this research is to establish the relationship between
intellectual property rights, human rights, copyrights, TRIPs and image rights. There has
been various multilateral agreements based on these. The arena of Universal Declaration
of Human Rights and WIPO has also been covered. The targeted objectives of this
research is to understand the image rights, human rights copyrights under the intellectual
property right arena. It also targets to form an opinion regarding the legislative aspects of
the image rights, copyrights and human rights with regard to the Universal Declaration of
Human Rights. A basic idea of intellectual property right is given. The role of TRIPs and
UDHR has been highlighted to enhance the ideas with regard to the discussed nominees.
After a close perusal of the above information regarding the paper the research question
which arises is that how far under the intellectual property arena, the image rights and
copyrights are related to the human rights?

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B About the paper
The current paper provides a wide range of information regarding the intellectual
property rights. It throws light upon the knowledge as to what are intellectual property
rights and how they are divided. It provides a basic idea about the definitions of
intellectual property rights and the agencies with which it is related to. Since, the World
Intellectual Property Organization or WIPO is a landmark for the foundation of the
jurisprudence of intellectual property rights at the worldly level. The international
agreements between WIPO and WTO that is the World Trade Organization lays its
significance in establishing the targets of the paper. Furthermore, a binding global charter
of intellectual property rights which is commonly known as the Trade Related Intellectual
Property or TRIPs has been emphasized upon. The image rights or the rights relating to
the images and photographs are further another part of the paper which deal with the
protection of the rights of the owners or authors or the creators of the inventions.
Unfortunately, image rights are not particularly defined anywhere to a specific extent but
this paper enables the readers to form an idea with regard to the legislation of such rights,
the claiming of the same and also the copyrights which dealing with such image rights
and their difference with the image rights. The paper also throws light upon the human
rights and their conventions. The photograph rights and their copyrights are also
discussed to enable the readers to have a clear understanding as to the copyright law in
the international sphere. The recognition and awareness of the human rights among the
people is very important. Since the human rights are part and parcel of a happy living.
C Parts of the paper
The paper is divided into the Following parts to enable a Clear understanding of the
variations of the paper. These variations demarcate each topic with the other which help
in understanding the paper in a better way. At first there is the introduction which throws
light upon the what the paper deals with and what the various topics with which it would
be dealing. The research aim and the target is then followed with a clear understanding of
the parts and the significance of the paper. After that, the image rights has been discussed
with a basic literature review for a better understanding. The copyright in photographs
has been then discussed followed by the conclusion their distinctions. One of major
fundamental rights of the people that is human rights is then discussed with. The
universal declaration of human rights along with the international multilateral agreements
like TRIPs and WIPO are also constituted in this paper. The various legislations with
regard to the above topics, privacy law combined with the moral and intellectual rights
have been covered in this paper.

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D Significance of the paper
This paper throws light upon the relation between the intellectual property rights and the
human rights according to the conventions. Whenever there is a right it becomes the duty
of the state to protect. Such ideas and methods accompanied with their legislations are
combined together in the paper to form a grave idea about innovation and technology.
The articles of universal declaration of human rights have been looked into for further
details and evidence. The law relating to copyrights throws light protecting the interests
of the authors and the creators. The image rights, photograph rights are also a significant
portion. The legislations which have been stated are at the international level which forms
a very important part in the contemporary era. The trade agreements also provide
valuable data in this regard. All these when combined and compared together, become a
very significant paper and valuable document with regard to the intellectual property
rights and the human rights.
II Image Rights
Image rights are covered under the copyright which depict the pronouncement of a
temperament in the general and popular parlance. The image of any person or anything
which has been taken would remain under supervision with a guaranteed protection from
getting copied or the rights of the author getting infringed1. The law has designated to
embrace security upon the creators rights and also helps that his talent is not copied
randomly by any other person with a malicious intention. Securing the image of a person
legally terms it to be a personage. It is contained under section 1 of the image rights
ordinance act of 2012 which states personage as a natural or a legal human being or a
person. It can also include more than one person coupled together or a community of
persons. Fictional persons created by the creators are also covered under this domain.
E What is image rights
Image rights are thus those rights which to provide security to the characters,
temperaments of personalities in the ordinary parlance. It is a precious intellectual
property right which aids in securing the character of a personality. The incorporate
within itself a cluster of famous personality’s style, gait, mannerism, tone, facial
expressions, sign manuals etc and all other temperamental things which build an
individual to a particular character of he or she possesses. The basic logic behind
protecting the image rights is that no persons individuality of how he is in the society
should not be copied and stamped as somebody else. Image rights are recognized legally
1 Austin, Graeme W. "Authors' Human Rights and Copyright Policy." Colum. JL & Arts
40 (2016): 405 at 22

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and have been given statutory recognition. Laws and ordinances have been framed by the
government of Australia and New Zealand to enable the protection of the image rights of
different people and personages. The image rights are incorporated as a strong base for
signing into agreements, aiding in the protection of characteristic feature of distinct
personalities. It also lays stress upon the regulating of taxes and building a personality in
the global parlance.
However image rights have not been defined broadly and specifically in any sphere. The
depiction of information has to be made from the legislations. Legislations have also been
framed by the governments to frame laws against torts like passing off which is similar to
the infringement of image rights. Image rights hold a very important position in the
intellectual property right arena.
F Legislation
The Image Rights (Bailwick of Guernsey) Ordinance Act of 2012 is the main legislation
which deals with image rights2. As stated earlier section 1 of the ordinance act talks about
personage, which is the primary ingredient of Image rights. The elements of the Image
rights are contained under section 3 of the above stated Act. Section 3 states that, the
possessor possesses the right to utilize to the maximum possible extent the personal
ingredients of this his created and novel commodity. There is capitalization of the
commodity to the maximum possible extent which justifiable use commercially. In other
words, the use till the last moment for commercial purposes is absolutely justified. This
version is accumulated in a type which can be printed. The accurate and up to date
legislation is feasible to be followed. The assistance and help of the officers in intellectual
property right law is required. The legislation should be devoid of humanly mistakes and
these legislation must possess the corrected and accurate information about what the
Royal Courts have decided prior to this. Section 4 of the Image Rights Ordinance Act of
2012 provides a short description of the main types which are included under a
personage. The above are named in the following manner: the tone, fondness, nature,
sign, characteristics, silhouette, gestures, expressions, mannerisms and any other feature
which specifically peculiar to the ingredient of any personage3. The expressions stated
above include both direct, indirect, verbal and non verbal communications. Another queer
feature regarding the Act which must be complied at all times is that an image or
photograph or drawing or expression even in the electronic versions should mean only of
2 Committee on Economic, Social and Cultural Rights, 1985 Article 15
3 Choi, Jay Pil, and Heiko Gerlach "Patent pools, litigation, and innovation" The RAND
Journal of Economics 46.3 (2015) 450