Privacy, Property and Personality

Privacy, Property and Personality
Author: Huw Beverley-Smith
Publisher: Cambridge University Press
Total Pages: 284
Release: 2005-11-24
Genre: Law
ISBN: 9780521820806

The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition.

Privacy, Property and Personality

Privacy, Property and Personality
Author: Huw Beverley-Smith
Publisher:
Total Pages: 245
Release: 2005
Genre: Intellectual property
ISBN: 9780511183300

The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of intellectual property rights in an individual's name, voice or likeness in the major legal systems : France, Germany, the United Kingdom and the United States.

Privacy, Property and Personality

Privacy, Property and Personality
Author: Huw Beverley-Smith
Publisher: Cambridge University Press
Total Pages: 300
Release: 2005-11-24
Genre: Law
ISBN: 9781139447430

The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition. This analysis will be useful for lawyers in legal systems which have yet to develop a sophisticated level of protection for interests in personality. Equally, lawyers in systems which provide a higher level of protection will benefit from the comparative insights into determining the nature and scope of intellectual property rights in personality, particularly questions relating to assignment, licensing, and post-mortem protection.

The Commercial Appropriation of Personality

The Commercial Appropriation of Personality
Author: Huw Beverley-Smith
Publisher: Cambridge University Press
Total Pages: 403
Release: 2002-08-15
Genre: Law
ISBN: 1139433717

Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

Personal Data in Competition, Consumer Protection and Intellectual Property Law

Personal Data in Competition, Consumer Protection and Intellectual Property Law
Author: Mor Bakhoum
Publisher: Springer
Total Pages: 569
Release: 2018-11-02
Genre: Law
ISBN: 3662576465

This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.

From Privacy Toward a New Intellectual Property Right in Persona

From Privacy Toward a New Intellectual Property Right in Persona
Author: Julius Pinckaers
Publisher: Springer
Total Pages: 0
Release: 1996-11-22
Genre: Law
ISBN: 9789041103550

This book is an important study of the controversial `right' of persons to control the commercial use of their likeness, name, voice and other identifying indicia. In the first part, the author describes the right of publicity in the United States and the portrait right in the Netherlands, and discusses other relevant theories such as the right of privacy, copyright law, trademark law, false advertising law, misappropriation theories and neighbouring rights. In the second part, the author analyses whether the right of publicity tort can be developed into a new intellectual property right. In a challenging study, the author discusses the justifications and property nature of this intellectual property right and its conflict with the principles of free trade and free speech . The author concludes that it is possible to define a new assignable and descendible intellectual property right in which the principles of free trade and free speech are integrated: the Right of Persona . This book will be a valuable and practical source of case law and literature on the protection of celebrities and non-famous persons against the unpermitted use of their identity by advertisers, the press, the entertainment industry and other media.

The Right to Privacy

The Right to Privacy
Author: Samuel D. Brandeis, Louis D. Warren
Publisher: BoD – Books on Demand
Total Pages: 42
Release: 2018-04-05
Genre: Fiction
ISBN: 3732645487

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis

The Right of Publicity

The Right of Publicity
Author: Jennifer Rothman
Publisher: Harvard University Press
Total Pages: 170
Release: 2018-05-07
Genre: Law
ISBN: 0674986350

Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.

Privacy as Trust

Privacy as Trust
Author: Ari Ezra Waldman
Publisher: Cambridge University Press
Total Pages: 220
Release: 2018-03-29
Genre: Law
ISBN: 1316952932

It seems like there is no such thing as privacy anymore. But the truth is that privacy is in danger only because we think about it in narrow, limited, and outdated ways. In this transformative work, Ari Ezra Waldman, leveraging the notion that we share information with others in contexts of trust, offers a roadmap for data privacy that will better protect our information in a digitized world. With case studies involving websites, online harassment, intellectual property, and social robots, Waldman shows how 'privacy as trust' can be applied in the most challenging real-world contexts to make privacy work for all of us. This book should be read by anyone concerned with reshaping the theory and practice of privacy in the modern world.