The Commercial Appropriation Of Personality
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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.
Author | : David Tan |
Publisher | : Cambridge University Press |
Total Pages | : 341 |
Release | : 2017-04-20 |
Genre | : Biography & Autobiography |
ISBN | : 1107139325 |
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
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.
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.
Author | : J. Thomas McCarthy |
Publisher | : |
Total Pages | : 686 |
Release | : 1987 |
Genre | : Law |
ISBN | : |
This looseleaf treatise examines the inherent rights of individuals to control the commercial use of their identities. Trademarks, copyrights, false advertising, defamation, infliction of mental distress, interference with contract, licenses, and other aspects of publicity and privacy are discussed in the work.
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
Author | : Martin Husovec |
Publisher | : Cambridge University Press |
Total Pages | : 296 |
Release | : 2017-11-30 |
Genre | : Law |
ISBN | : 1108244467 |
In the European Union, courts have been expanding the enforcement of intellectual property rights by employing injunctions to compel intermediaries to provide assistance, despite no allegation of wrongdoing against these parties. These prospective injunctions, designed to prevent future harm, thus hold parties accountable where no liability exists. Effectively a new type of regulatory tool, these injunctions are distinct from the conventional secondary liability in tort. At present, they can be observed in orders to compel website blocking, content filtering, or disconnection, but going forward, their use is potentially unlimited. This book outlines the paradigmatic shift this entails for the future of the Internet and analyzes the associated legal and economic opportunities and problems.
Author | : Daniel J Solove |
Publisher | : NYU Press |
Total Pages | : 295 |
Release | : 2004 |
Genre | : Computers |
ISBN | : 0814740375 |
Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.
Author | : |
Publisher | : |
Total Pages | : 68 |
Release | : 1985 |
Genre | : |
ISBN | : |
Author | : Adrian, Angela |
Publisher | : IGI Global |
Total Pages | : 238 |
Release | : 2010-05-31 |
Genre | : Computers |
ISBN | : 1615207961 |
"This book examines the legal realities which are emerging from Massively Multiplayer Online Role-playing Games (MMORPGs) or virtual worlds that demonstrate many of the traits we associate with the Earth world: interpersonal relationships, economic transactions, and organic political institutions"--Provided by publisher.