Rihanna recently won her case against TopShop, who were selling T-shirts displaying a picture of her, without her consent.
The Judge was at pains to make clear that Image Rights do not exist in English law. But she won didn’t she – she satisfied the test under the law of “passing off” by showing that she had generated the necessary goodwill and reputation in her image and brand, there was likely to have been misrepresentation (i.e. customers being deceived into believing that Rihanna had endorsed the T-shirts) and therefore won damages. So does it really matter what we call it?
In reality her image was protected, job done. Only in England could we be at such pains to protest that a law doesn’t exist but protect the rights anyway.