What rights do participants have if their image (likeness)?
Two areas of law are relevant to the use of images whether in video clips or otherwise. The first is breach of confidence which has been developing into a right that might be described as a ‘right of privacy’; the second is Data Protection law. Broadly, combining these two means that the image of an individual should not be used in a video clip or otherwise unless consent has been given. This is subject to countervailing interests and in particular the public interest in freedom of expression. This is an exception that is most often relied on by the press. Where an individual does appear in a video clip then she may have performers rights. Performers are not defined in the legislation but performance means ‘a dramatic performance (including dance or mime), a musical one, a reading or recitation of a literary work or a performance of a variety act or any similar presentation’. Where the right exists the performer has the right to object to fixation, reproduction, distribution, public pe
