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.
Recenzijos
' a much needed contribution to the literature in this field this book is well written and its thorough coverage makes it a valuable point of reference for all further research and debate in this area.' Modern Law Review
Daugiau informacijos
A detailed comparative analysis of intellectual property rights in Europe and the United States.
| Preface |
|
ix | |
| Table of cases |
|
xi | |
| Table of statutes |
|
xxv | |
| List of abbreviations |
|
xxx | |
| 1 Introduction |
|
1 | (12) |
|
The commercial value of aspects of personality |
|
|
1 | (1) |
|
Commercial and non-commercial interests |
|
|
2 | (1) |
|
Personality, privacy and intellectual property |
|
|
3 | (1) |
|
Competing doctrinal bases of protection |
|
|
4 | (7) |
|
|
|
11 | (2) |
| 2 Property, personality and unfair competition in England and Wales, Australia and Canada |
|
13 | (34) |
|
|
|
13 | (2) |
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Liability based on misrepresentation: the tort of passing off in English and Australian law |
|
|
15 | (20) |
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Liability based on misappropriation: the Canadian tort of appropriation of personality |
|
|
35 | (11) |
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|
|
46 | (1) |
| 3 Privacy and personality in the common law systems |
|
47 | (47) |
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|
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47 | (1) |
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From property to inviolate personality |
|
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48 | (4) |
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Inviolate personality and the accretion of proprietary attributes |
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52 | (1) |
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|
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53 | (11) |
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Reconciling privacy and commercial exploitation |
|
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64 | (4) |
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The scope and limits of the right of publicity |
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|
68 | (7) |
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|
|
75 | (18) |
|
|
|
93 | (1) |
| 4 German law |
|
94 | (53) |
|
|
|
94 | (2) |
|
|
|
96 | (9) |
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Substantive legal protection |
|
|
105 | (19) |
|
|
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124 | (5) |
|
|
|
129 | (9) |
|
|
|
138 | (9) |
| 5 French law |
|
147 | (59) |
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|
|
147 | (9) |
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Protection of economic interests |
|
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156 | (11) |
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Protection of non-economic interests |
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167 | (14) |
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Remedies providing for prevention or cessation of the infringement: injunctions |
|
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181 | (4) |
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Remedies providing for legal redress |
|
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185 | (6) |
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|
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191 | (15) |
| 6 Conclusions |
|
206 | (21) |
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|
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206 | (1) |
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Common features and contrasts |
|
|
207 | (5) |
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The three basic models of protection |
|
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212 | (2) |
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Property, intellectual property and personality |
|
|
214 | (3) |
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Privacy, freedom of expression and commercial appropriation under the European Convention on Human Rights |
|
|
217 | (7) |
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Conclusions: A gradual convergence? |
|
|
224 | (3) |
| Bibliography |
|
227 | (12) |
| Index |
|
239 | |
Huw Beverley-Smith is a Solicitor in the Intellectual Property and Technology Department at Field Fischer Waterhouse in London. he is also the author of The Commercial Appropriation of personality (Cambridge 2002). Ansgar Ohly is Professor of Civil Law and Intellectual Property Law at the University of Bayreuth, Germany. Until 2002 he was the lead of the Commonwealth Department of the Max-Planck Institute for Intellectual Property, Competition and Tax Law, Munich. Agnčs Lucas-Schloetter is Lecturer in French law at the Ludwig-Maximilian University of Munich, Germany. Until 2003 she was a researcher at the Max-Planck Institute for Intellectual Property, Competition and Tax Law, Munich.
