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Cornelius, Steve --- "Image Rights" [2011] ELECD 826; in Nafziger, A.R. James; Ross, F. Stephen (eds), "Handbook on International Sports Law" (Edward Elgar Publishing, 2011)

Book Title: Handbook on International Sports Law

Editor(s): Nafziger, A.R. James; Ross, F. Stephen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206336

Section: Chapter 17

Section Title: Image Rights

Author(s): Cornelius, Steve

Number of pages: 21

Extract:

17 Image rights
Steve Cornelius



1. INTRODUCTION
The second half of the twentieth century was marked by an unprecedented growth in the
entertainment industry ­ not only as far as theatre, film, music and fashion were
concerned, but also sport. It was especially during the 1950s and 1960s that the world was
first confronted with the concept of the superstar. Film stars such as James Dean and
Marilyn Monroe, models such as Twiggy, musicians such as Elvis Presley and the Beatles
and sport stars such as Pele and Muhammad Ali set new standards of fame and virtually
overnight changed our society, our values and the way in which we viewed ourselves and
others.
One of the consequences which stems from these developments is that the outward
image and physical attributes of the individual have suddenly become commodities. The
advertising world takes notice of the popularity enjoyed by the stars and realises the value
of associating merchandise or trade marks with superstars. On the one hand, this leads to
a whole new source of income for the superstars themselves and hopefully increased
profits for the enterprises that associate their services or products with the stars. But, on
the other hand, it leads to difficulties when the attributes of a person are apparently used
without consent. And it is precisely this unauthorised usage which poses new questions to
the law. Should the law protect the individual against unlawful use of his or her image? If
so, to what extent should such protection be ...