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Commercial appropriation of personality
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ISBN: 0521800145 0521052521 0511020341 0511177577 051114797X 0511325770 0511495226 1280430192 0511047401 9780511020346 9780521800143 9780511047404 9780511177576 9780511495229 9780521052528 1107130166 9781107130166 9781280430190 9780511325779 Year: 2002 Publisher: Cambridge, UK New York Cambridge University Press

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Abstract

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.

Privacy, property and personality
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ISBN: 0521820804 9780521820806 9780511495243 110714549X 0511183305 051113696X 0511311451 0511495242 1280430826 0511201184 0511134770 9780511136962 9780511134777 9781280430824 9780511183300 9780511201189 9780511311451 Year: 2005 Volume: *3 Publisher: Cambridge, UK New York Cambridge University Press

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Abstract

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.

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