Your image is a valuable asset, and, without being too morbid, it’s crucial to consider how it will be protected and utilised after you’re gone. While the concept of ‘digital immortality’ is still emerging, preserving your image rights beyond your lifetime is becoming increasingly important.
Image rights are the exclusive rights to control the commercial use of your name, likeness, or persona. This includes photographs, videos, and other visual representations. And they retain value after you’ve shuffled into the afterlife – but you live on in complex ways…
The first complexity is how post-mortem image rights vary significantly between countries:
- United States: Generally, image rights are considered a property right and can be bequeathed to heirs. However, the extent of protection can vary by state.
- United Kingdom: Post-mortem image rights are generally limited to a specific period after death, often referred to as the “moral rights” period. These rights protect against distortion, mutilation, or derogatory treatment of your image.
- European Union: Similar to the UK, the EU has moral rights that protect an individual’s image after death. However, the specific duration and scope of protection can vary between member states.
So, while some laws provide some level of protection, proactively safeguarding your image rights is essential.
- Create a comprehensive estate plan: Include provisions for your image rights in your will. Clearly outline who inherits these rights and how they should be managed.
- Consider image rights trusts: Establish a trust specifically to manage your image rights. This can provide more control over how your image is used after your death.
- Negotiate contracts: If you enter into contracts involving your image, ensure they include post-mortem provisions. This can protect your heirs from unexpected exploitation.
- Digital legacy planning: Manage your online presence. Consider what you want to happen to your social media accounts and digital footprint after you’re gone.
- Stay informed about legal developments: Image rights laws are evolving. Stay updated on changes that could impact your plans. We can, of course, do this for you.
Protecting your image rights post-mortem is not without challenges. That’s what life is like – especially family life. Conflicts among heirs over image rights can arise. Clear guidelines in your estate plan can help mitigate these issues. And there’s plenty outside of your family who may attempt to exploit your image for commercial gain. Strong legal protection is essential.
And technology advances may make things even worse – deepfakes, pose new challenges to image rights protection where the legislation is yet to catch up.
But by taking proactive steps to protect your image rights, you can ensure that your legacy is respected and controlled. While the legal landscape is complex, careful planning can provide peace of mind and safeguard your image for generations to come.
Chat to us – and make sure that your rights income continues, for your family, beyond the grave.