Privacy, Property and Personality: Civil Law Perspectives on Commercial AppropriationCambridge University Press, 2005 M11 24 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. |
Contenido
Introduction | 1 |
Property personality and unfair competition in England | 13 |
the Canadian tort of appropriation | 35 |
Conclusions | 46 |
Inviolate personality and the accretion of proprietary attributes | 52 |
Reconciling privacy and commercial exploitation | 64 |
Privacy in English | 75 |
Conclusion | 93 |
French law | 147 |
105 | 173 |
138 | 180 |
Conclusions | 206 |
227 | |
239 | |
Términos y frases comunes
advertising appropriation of personality Article aspects of personality attributes of personality BGH GRUR BGHZ Bundesgerichtshof Bürgerliches Gesetzbuch CA Paris Cass Caterina Valente cause of action celebrity claim claimant Code civil commercial appropriation common law consent Cour de cassation damage decision defamation defendant disclosure doctrine Droit civil economic interests EHRR endorsement exclusive right F 2d false light French law goodwill Human Rights Ibid infringement intellectual property right invasion of privacy Johnny Halliday Légipresse 2002 LGDJ liability licence Marlene Dietrich merchandising misrepresentation notion one's image owner person concerned personality rights personnalité photographs plaintiff protection Pty Ltd recognised reputation right of privacy right of publicity right to one's somm subjective right TGI Nanterre TGI Paris réf tion tort law tort of passing trade mark Trib unfair competition unjust enrichment vie privée violation