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TitlePrivacy, property and personality: civil law perspectives on commercial appropriation
Author
LanguageEnglish
File Size2.8 MB
Total Pages286
Table of Contents
                            Cover
Half-title
Series-title
Title
Copyright
Contents
Preface
Table of cases
Table of Statutes
Abbreviations
1 Introduction
	The commercial value of aspects of personality
	Commercial and non-commercial interests
	Personality, privacy and intellectual property
	Competing doctrinal bases of protection
		Unfair competition
		Privacy and publicity
		Personality rights
		Synopsis
2 Property, personality and unfair competition in England and Wales, Australia and Canada
	Introduction
	Liability based on misrepresentation: the tort of passing off in English and Australian law
		Goodwill and reputation
		Misrepresentation
		Endorsement and misappropriation
		Damage
		Damage through an injurious association
		Damage through exposure to liability or risk of litigation
		Damage through loss of control
		Damage through loss of a licensing opportunity
		Damage through dilution
		Summary
	Liability based on misappropriation: the Canadian tort of appropriation of personality
		The protected interest
		Damage to the claimant
		The defendant’s conduct
	Conclusions
3 Privacy and personality in the common law systems
	Introduction
	From property to inviolate personality
	Inviolate personality and the accretion of proprietary attributes
	Conceptions of privacy
		The reductionist paradigm
		A holistic conception
		A core conception of privacy
		Privacy as principle
	Reconciling privacy and commercial exploitation: the birth of the right of publicity in the United States
	The scope and limits of the right of publicity
		Misappropriation
		Assignability and descendibility
		The balance with freedom of expression
	Privacy in English law
		Piecemeal statutory provisions
		Common law protection of privacy
		Personal privacy and defamation
		Personal privacy and breach of confidence
		Conclusion
4 German law
	Introduction
	History
		Protection of personality in the Bürgerliches Gesetzbuch (1900)
		The ‘right to one’s image’ (1907)
		The ‘general personality right’ (1954)
		Recent developments: Caroline and Marlene
	Substantive legal protection
		Personality rights I: the right to one’s image (§ 22 KUG)
		Personality rights II: the right to one’s name (§ 12 BGB)
		Personality rights III: the author’s personality right (moral right)
		Personality rights IV: the general personality right
		Unfair competition
		Trade mark law
	Post-mortem protection
	Assignment and licensing
		Historical development
		Waiver
		Consent I: the medical law model
		Consent II: irrevocable consent
		Personality licensing
		Validity requirements
	Remedies
		Injunction
		Destruction, correction
		Publication of a counter-statement
		Unjust enrichment
		Damages
		Solatium
5 French law
	Framework and history
	Protection of economic interests
		The characteristics of the patrimonial right of exploitation of the personality de lege ferenda
		Objections to the acknowledgement of a patrimonial right of the personality
		The protection of the economic interests without any patrimonial right to personal attributes: acknowledging a new tort of appropriation
	Protection of non-economic interests
		Assessment of the infringement of the personality rights
		Restrictions to Personality rights: defences
	Remedies providing for prevention or cessation of the infringement: injunctions
	Remedies providing for legal redress
		Moral damage
		Economic damage
	Transfer
		Are personality rights really inalienable under French law?
		Transmission by succession
6 Conclusions
	Introduction
	Common features and contrasts
	The three basic models of protection
	Property, intellectual property and personality
	Privacy, freedom of expression and commercial appropriation under the European Convention on Human Rights
	Conclusions: a gradual convergence?
Bibliography
Index
                        

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