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Privacy and Personality Rights

Privacy and Personality Rights
Author: Robert Deacon
Publisher: Jordan Publishing (GB)
Total Pages: 0
Release: 2010
Genre: Celebrities
ISBN: 9781846611865

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This book is a practical guide to the drafting and protection of commercial agreements in the UK. It is the first book on the market to draw together the different strands of the law, including privacy, defamation, broadcasting rights, sponsorship, and merchandising. Analysis of the law is supplemented with precedent contractual agreements and injunctions enabling practitioners to respond quickly to their clients' needs. Article 8 of the European Court of Human Rights protects an individual's right to privacy, however, in the UK, this is particularly difficult to implement due to the lack of legislation in this area. Privacy law has developed as a result of several important cases over the past few years, such as Campbell v Mirror Group Newspapers, Douglas v Hello, and, most recently, the litigation involving Max Moseley. This book reviews each of these cases and explains the current situation regarding UK privacy law. Drawn from the Bar and the Press Complaints Commission, the team of authors is uniquely placed to give an insight into this increasingly complex and important area of law, to provide practical advice for practitioners who represent 'celebrity' clients. For anyone in the public eye whose image and reputation is their biggest commercial asset, they need to be able to protect this reputation and preserve their right to privacy while exploiting their image for commercial gain. When an individual's rights are violated, practitioners are frequently called upon to seek appropriate redress. This book suitably equips the practitioner to represent such clients and includes useful precedent contracts, injunctions, and claim documents on an accompanying CD-ROM.


Laws of Image

Laws of Image
Author: Samantha Barbas
Publisher: Stanford University Press
Total Pages: 324
Release: 2015-09-30
Genre: Law
ISBN: 0804796718

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Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.


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

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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.


International Privacy, Publicity and Personality Laws

International Privacy, Publicity and Personality Laws
Author: Michael Henry
Publisher: Lexis Pub
Total Pages: 506
Release: 2001
Genre: Law
ISBN: 9780406908056

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An impressive team of 39 authors have contributed to this unique overview of the laws relating to privacy, publicity & personality in 29 countries. For guidance on these issues & the relevant application of the law in differing jurisdictions this book provides invaluable comparisons, outlining the terms of current initiatives, the areas in which change is anticipated & covering the Data Protection Act 1998 & the Human Rights Act 1998 in the UK. The book covers a vast range of issues, from covert filming to recording of conversations, & from sifting of rubbish through to security camera footage & trade mark infringement, ensuring that whatever topic is of interest, this book has it covered.


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

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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.


The Right to Privacy

The Right to Privacy
Author: Louis Dembitz Brandeis
Publisher: Good Press
Total Pages: 43
Release: 2023-09-17
Genre: Law
ISBN:

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At the heart of 'The Right to Privacy' lies an exploration of the increasingly blurred line between the private and the public, a theme that resonates as much today as at its inception. This collection, curated with a keen eye for diversity in perspective and style, traverses the complex landscape of privacy rights in the modern world. The anthology stands out for its rigorous examination of the legal, ethical, and societal dimensions of privacy, weaving together landmark cases, pivotal essays, and critical analyses to offer a multifaceted view of privacy's evolving definition and its implications. The inclusion of foundational works such as the seminal essay by Louis Brandeis and Samuel D. Warren highlights the depth and historical significance of the discourse presented. The editors and contributors, hailing from a broad spectrum of backgrounds in law, ethics, and technology, collectively underscore the anthology's thematic coherence. Their disparate vantage points, rooted in different eras and engaging with varying aspects of privacy, illuminate the rich tapestry of legal thought and ethical considerations. This convergence of historical and contemporary views underlines the collection's alignment with significant cultural and legal shifts, reflecting society's ongoing struggle to balance personal privacy with public interest. 'The Right to Privacy' is indispensable for readers seeking to navigate the intricate and often contentious terrain of privacy rights. It promises an enlightening journey through the kaleidoscope of opinions and analyses, offering valuable insights and fostering a deeper understanding of what it means to protect personal boundaries in an increasingly open world. This anthology is a must-read for anyone invested in the pivotal debates surrounding privacy, beckoning with the allure of a comprehensive and nuanced exploration of one of the most pressing issues of our time.


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

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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
Author: Gert Brüggemeier
Publisher: Cambridge University Press
Total 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 Legal Protection of Personality Rights

The Legal Protection of Personality Rights
Author: Ken Oliphant
Publisher: BRILL
Total Pages: 237
Release: 2018-04-24
Genre: Law
ISBN: 900435171X

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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.