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ROSS TOKELY T-SHIRTS


Guest CaleyJAGGIE

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Images Rights don't exist in the UK, certainly not in the same way as the exist in the likes of the USA. Over here if someone wanted to try and take a case against someone for using their image then they would have to do so under one of the following.....

Passing Off - Where the images is being used without permission as an endorsement for a product and takes advantage of the persons already established position in society, good will etc.

Trademark Infringement - Where the person has trademarked their name or image (actually very difficult for celebs/sports persons to do)

Copyright Infringement - Where the image used belongs to someone else (i.e. a photographer or artist)

Malicous Falsehood - Where the image is being used to deliberately portray the person in a manner which could do them harm/damage.

Libel/Slander/Defamation - Similar to the above Malicous Falsehood, but doesn't require any deliberate intention to do harm.

The only way I could see that the website who use the image could be in bother is if the photo that the original image was based on could be identified as belonging to someone else and they are using it without permission (copyright infringement) as it clearly isn't malicious/defamatory in nature, is not being used to endorse a product and, as far as I am aware, Rossco has not placed a trademark on his image.

The most recent case I can recall is when the Spice Girls tried to prevent their image being used on merchandise without express authorisation, and they failed as the merchandise was not being used as an endorsement for another product and was not being sold as "official" items. Abba, The Beatles, Elvis all had similar issues in the UK and there's been a number of cases involving football players and sportsmen over the years which have failed.

It is something which seems to be under constant review/attack, so things may have changed recently, but the above is my understanding of the current state of affairs on the matter having looked into it myself for a few ideas I have in mind.

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Don't mean to brag but i actually set that picture up for cultzeros. Saw their advert in the back of 4-4-2 and emailed them, they asked me for a picture and i cut one out of a match programme. Ordered it in yellow (to get noticed on the highlights of course) and even got it signed by the big man!! Best thing i have ever bought and good value.

Also, the name tokelyisvictorious hails from the shirt as i rather sadly got the same phrase written on it.

wonder what roscoe was thinking when he had to sign it?

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