Image rights : does the common law provide adequate protection or is codification necessary to ensure holistic protection?

Abstract

As directed by the title, the purpose of this mini dissertation is to delve into the concept of image rights in a South African context in order to determine whether or not the common law protection that is provided for image rights is adequate to holistically protect the natural person entitled to these rights. Most modern legal systems recognise the concept of image rights, however the extent of protection offered by each of these legal systems is significantly different from one another. The need for image rights protection began in the Twentieth Century when the entertainment industry developed and grew to such an extent that all of its role-players outward and physical attributes became a new source of income for both the role-players themselves as well as any enterprises with which they represent. Image rights soon formed an essential commercial aspect of all celebrities in the film, music, theatre, fashion and sports industries. The entertainment industry and its sectors are increasingly becoming a valuable aspect in the economy of a country and should be given protection equivalent to its value. The outcome sought at the finality of this mini dissertation is to determine whether or not the common law protection provided in South Africa to those in possession of these image rights is adequate and will be answered through a thorough analysis and comparison of authors opinions, case law and legislation relating to the common law protection provided in South Africa against the foreign protection provided to various other jurisdictions.