Violations of Personality Rights Through the Internet: Jurisdictional Issues Under European Law
Author | : Edina Márton |
Publisher | : |
Total Pages | : 382 |
Release | : 2016-03 |
Genre | : |
ISBN | : 9783848727261 |
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Author | : Edina Márton |
Publisher | : |
Total Pages | : 382 |
Release | : 2016-03 |
Genre | : |
ISBN | : 9783848727261 |
Author | : Symeon C. Symeonides |
Publisher | : BRILL |
Total Pages | : 420 |
Release | : 2021-01-11 |
Genre | : Law |
ISBN | : 9004437649 |
Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.
Author | : Marion Albers |
Publisher | : Springer Nature |
Total Pages | : 493 |
Release | : 2022-03-12 |
Genre | : Law |
ISBN | : 3030903311 |
This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.
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 | : Ken Oliphant |
Publisher | : BRILL |
Total Pages | : 237 |
Release | : 2018-04-24 |
Genre | : Law |
ISBN | : 900435171X |
This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.
Author | : Gert Brüggemeier |
Publisher | : Cambridge University Press |
Total Pages | : 621 |
Release | : 2010-04-15 |
Genre | : Law |
ISBN | : 113948429X |
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
Author | : Pedro De Miguel Asensio |
Publisher | : Edward Elgar Publishing |
Total Pages | : 561 |
Release | : 2024-05-02 |
Genre | : Law |
ISBN | : 1035315130 |
In this thoroughly revised second edition, Pedro De Miguel Asensio presents a practical analysis of jurisdiction, choice of law, and recognition and enforcement of judgments in the context of online activities, examining areas where private legal relationships are most affected by the Internet. Addressing the tension between the ubiquity of the Internet and the territorial nature of national legal orders, the author sets out the latest developments across multiple jurisdictions in this dynamic field.
Author | : Axel Beater |
Publisher | : Mohr Siebeck |
Total Pages | : 164 |
Release | : 2005 |
Genre | : Law |
ISBN | : 9783161487033 |
English summary: This volume contains the lectures given at an international conference on the subject of Invasions of Personal Privacy by the Media. The authors deal with the protection of the personality from the media in an analysis of the individual legal systems in the member states of the European Union, discussing this in detail from the perspective of scholarly and legal practice, history of the law, comparative law, conflict of laws and interdisciplinary aspects. The lectures pertain to basic issues in connection with the Caroline decision handed down by the German Federal Constitutional Court and the European Court of Human Rights, they present individual national laws, deal with the development of legal history as well as with general questions, interdisciplinary aspects and questions in regard to conflict of laws. German description: Dieses Buch ist aus der Tagung Verletzungen von Personlichkeitsrechten durch die Medien - Invasions of Personality Rights by the Media hervorgegangen, die im Mai 2004 in Greifswald stattfand. Das Ziel der Tagung war es, die Thematik umfassend in Auseinandersetzung mit den einzelnen Rechten von Mitgliedstaaten der EU zu behandeln und sich ihr gleichermassen aus wissenschaftlicher und praktischer, rechtshistorischer, rechtsvergleichender, kollisionsrechtlicher und interdisziplinarer Sicht zu stellen.
Author | : Brian Craig |
Publisher | : Pearson Higher Ed |
Total Pages | : 283 |
Release | : 2012-03-14 |
Genre | : Business & Economics |
ISBN | : 013307286X |
This is the eBook of the printed book and may not include any media, website access codes, or print supplements that may come packaged with the bound book. Featuring the most current exploration of cyberlaw, CYBERLAW helps students understand the legal and policy issues associated with the Internet. Tackling a full range of legal topics, it includes discussion of jurisdiction, intellectual property, contracts, taxation, torts, computer crimes, online speech, defamation and privacy. Chapters include recent, relevant cases, discussion questions and exercises at the end of each chapter. Using a consistent voice and clear explanations, the author covers the latest developments in cyberlaw–from cases to legislation to regulations.