L3. Sale and assignment of intellectual property

- Image rights not a recognised form of property in English law but is in other jurisidictions

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English law

- No property in a person's image in English law (Sports Club Plc, §8, Collingwood, §90).

- "There is in English law no "image right" or "character right" which allows a celebrity to control the use of his or her name or image" (Fenty, §29).

- Alternative routes to protecting:

"[33] A celebrity seeking to control the use of his or her image must therefore rely upon some other cause of action such as breach of contract, breach of confidence, infringement of copyright or, as in this case, passing off. However, as Mr Hobbs has properly reminded us, the law of passing off is not designed to protect a person against fair competition. Nor does it protect a person against the sale by others of the same goods or even copied goods. What it protects is goodwill and it prevents one person passing off his goods or services as those of another." (Fenty).

​- HMRC say: "These judicial authorities put beyond doubt that under UK law there is no such thing as an “image right”" (CG68455).

- But a third party can own a right to exploit an individual's image (CG68465).

- This is the grant of a new right rather than the assignment of an existing right. 

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Other jurisdictions

​- HMRC say: "Many jurisdictions outside the UK recognise “image rights”. Most EU countries have some right protecting commercial use of an individual’s name or image, whilst France and Germany in particular have strong image right and personality right laws. Guernsey recently introduced a comprehensive system for registering image rights. Over 30 States in the USA also have some form of image or publicity right. So where non-UK “image rights” are concerned, it is important to establish the nature of the rights and the relevant jurisdiction." (CG68450).​

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Legislation: 

Cases: 

Sports Club Plc v. Inspector of Taxes [2000] STC (SCD) 443;

Fenty v. Arcadia Group Brands Limited [2015] EWCA Civ 3; 

Collingwood v. HMRC [2025] UKFTT 1065 (TC); 

HMRC manuals: 

CG68450 - Intellectual Property Rights: image rights: image rights in the UK; 

CG68455 - Intellectual Property Rights: image rights: law of passing-off;

CG68465 - Intellectual Property Rights: image rights: CGT implications: what else if not CGT; 

Commentary: 

See also:

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