The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law)


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New Releases. The Commercial Appropriation of Personality. Free delivery worldwide. Expected to be delivered to Germany by Christmas. Description 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.

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Copyright Exceptions Robert Burrell. Copyright and Multimedia Products Irini A. A Framework: 1. The problem of appropriation of personality; Part II. Though theoretically sophisticated, Tan's critique is emphatically practical.

He persuasively sets out the many ways in which cultural studies insights can guide the application and reform of right of publicity law. The Commercial Appropriation of Fame is an important new resource that will be required reading for anyone interested in how the law regulates the commercial - and political - exploitation of fame. An essential contribution to the literature on the legal effects of celebrity. Its very reason for being has been continually questioned by both academics and judges. David Tan has shed a much-needed light on the cultural foundations that underlie the law's treatment of the commercial value of human identity.

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Personality rights - Wikipedia

His primary focus is on the world-wide phenomenon of celebrity culture and its impact on advertising and consumption. But as Tan notes, in the internet age of social media and commercial 'likes', every person is a 'celebrity' to their 'friends'. His analysis will bring a practical and useful insight to the law's treatment of the commercial exploitation of fame. His discussion and comparison of doctrine in the US, the UK, and Australia further contributes to our understanding of the right of publicity and similar concepts in a global context. The legal analysis, covering several common law jurisdictions, is clear and compelling.

His exposition of the 'celebrity trinity': 'the celebrity individual, the audience, and the cultural producers' provides a convincing framework through which to understand and critique the current legal landscape. Ginsburg, Morton L. Foreword Graeme Dinwoodie 1. Introduction to the phenomenon of the contemporary celebrity 2.

Privacy, Property and Personality

Relevant insights from cultural studies 3. The right of publicity in the United States 4. Right of publicity and indicia of identity 5. Right of publicity and the appropriation of commercial value of identity 6. Right of publicity and the freedom of speech under the First Amendment 7. Cultural studies and the common law passing off action 8. Twenty-first century challenges: digital fandom, social media and fantasy video games 9. He holds a Ph. Archived PDF from the original on 7 December Retrieved 30 May Trademarks, Unfair Competition, and Business Torts.

Aspen Publishers. Topps Chewing Gum, Inc. Universal Pictures, P. In this decision preceding and precipitating the Legislature's enactment of Section , the California Supreme Court held that rights of publicity were not descendible in California. Bela Lugosi's heirs, Hope Linninger Lugosi and Bela George Lugosi, sued to enjoin and recover profits from Universal Pictures for licensing Lugosi's name and image on merchandise reprising Lugosi's title role in the film Dracula. The California Supreme Court faced the question whether Bela Lugosi's film contracts with Universal included a grant of merchandising rights in his portrayal of Dracula, and the descendibility any such rights.

Adopting the opinion of Justice Roth for the Court of Appeal, Second Appellate District, the court held that the right to exploit one's name and likeness is personal to the artist and must be exercised, if at all, by him during his lifetime. Lugosi, P. July 7, Retrieved 21 July Ten years later, the son and the widow of Bela Lugosi , star of the Dracula films, argued that this right was essentially property and therefore should pass on to heirs. In a California suit, they asked the courts to stop Universal Pictures from merchandising 70 Dracula products, ranging from jigsaw puzzles to belt buckles, and sought compensation based on the profits.

Citing the First Amendment, Universal replied that the design of merchandise is a form of free speech that should not be restrained by anyone's heirs. Besides, said Universal's lawyer, Robert Wilson, Lugosi "attained fame and fortune because the company made and distributed the movies he starred in.

The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law) The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law)
The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law) The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law)
The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law) The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law)
The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law) The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law)
The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law) The Commercial Appropriation of Personality (Cambridge Intellectual Property and Information Law)

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