The Right of Publicity

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

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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.

The Right to Privacy

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

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

The Commercial Appropriation of Personality

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

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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.

Personality Rights in European Tort Law

Personality Rights in European Tort Law
Title Personality Rights in European Tort Law PDF eBook
Author Gert Brüggemeier
Publisher Cambridge University Press
Pages 621
Release 2010-04-15
Genre Law
ISBN 113948429X

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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.

The Rights of Publicity and Privacy

The Rights of Publicity and Privacy
Title The Rights of Publicity and Privacy PDF eBook
Author J. Thomas McCarthy
Publisher
Pages 686
Release 1987
Genre Law
ISBN

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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.

Cross-border Infringement of Personality Rights Via the Internet

Cross-border Infringement of Personality Rights Via the Internet
Title Cross-border Infringement of Personality Rights Via the Internet PDF eBook
Author Symeon Symeonides
Publisher Brill Nijhoff
Pages 408
Release 2021
Genre Law
ISBN 9789004437630

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Introduction : conflicts on steroids -- The internet -- The scope of this book -- Substantive law differences -- Jurisdictional differences in general -- Jurisdictional differences in cases involving injuries to rights of personality -- Differences and similarities in choice of law -- Recognition and enforcement of foreign judgments : The Hague Convention of 2019 -- The resolution (with comments) -- The resolution (without comments) -- Résolution (traduction) -- Travaux preparatoires : excerpts from correspondence between reporters and members of the eighth commission -- Excerpts from the minutes of The Hague Session of the Institute of International Law, The Hague, August 25-31, 2019.

Personal Data in Competition, Consumer Protection and Intellectual Property Law

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

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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.