Publicity on the Pitch? Football Superstars vs EA Sports
This article was co-authored by myself and my colleague, trainee lawyer Alexander Dimitrov. It was originally published on our law firm's website on 10 December 2020. To what extent does an individual footballer actually ‘own’ his or her image rights? Could a footballer object to the
Deepfakes and the Law: an excerpt from my Society of Computers & Law Webinar
On Tuesday, 8 September 2020, I was delighted to give a webinar for the Society of Computers & Law entitled Me and my Deepfake: a closer look at image rights and our digital selves. SCL is a fantastic educational charity so, if you like what
Using someone’s image in your advertising
What does a brand need to consider, before using a photograph of someone for their advertisement or marketing campaign? Getting it wrong can have serious consequences, ranging from lawsuits to public backlash. So here are my top tips! Celebrities and public figures have been featured in
Morality clauses and talent contracts
As the year draws to a close, most of us will think back on the people and events that shaped 2017. Considered by many to have been one of the biggest stories of the year, it would be difficult to ignore the social (and legal) discourse surrounding the more than forty high-profile men caught in sexual misconduct scandals. Last month, Netflix removed Kevin Spacey from its hit show House of Cards after Spacey was accused of sexual misconduct. However, Spacey claims Netflix cannot legally fire him because his contract did not contain a morality clause. Similarly, Hollywood producer Harvey Weinstein’s employment agreement may have only a very “loose” morals clause that does not allow for his termination, so long as he pays contractual fines and any costs incurred by his company due to his behavior.
A morality clause is a contractual provision that gives a party (usually a company) the unilateral right to terminate the agreement, or take punitive action against the other party (the "talent," which is usually an individual whose endorsement or image is sought) in the event that such other party engages in reprehensible behavior or conduct that may negatively impact his or her public image and, by association, the public image of the contracting company (source).
The Monarchy, Meghan, and Trade Marks
Kensington Palace announced this week that Prince Harry and Meghan Markle are officially engaged, and are expected to marry next May. Before we dismiss the celebrations as just another celebrity extravaganza, it's important to remember that the upcoming nuptials will benefit the economy, too. This year, the British Monarchy generated £1.77 billion to the UK economy. This includes a £50 million contribution for fictional shows like The Crown and Victoria, which offer a glimpse into the mystique of the Royal family. The figure also takes into consideration £550 million from tourism: in 2016, 2.7 million people visited Buckingham Palace alone. When William and Kate married in 2011, the British economy was boosted by £2 billion, with £26 million being from Wills and Kate souvenirs and merchandise. Likewise for Harry and Meghan, brands and retailers will want to capitalise on the goodwill and excitement surrounding another Royal wedding. However, certain rules apply to businesses wishing to use images of the Royal family, or their associated symbols and phrases.