Download Free Personality Privacy And Property Book in PDF and EPUB Free Download. You can read online Personality Privacy And Property and write the review.

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 intellectual property rights in an individual's name, voice or likeness in the major legal systems : France, Germany, the United Kingdom and the United States.
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.
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.
Two of Australia's leading feminist legal theorists examine the relationship between persons and property and the concept of self-ownership in relation to current legal debates. What is the legal status of the dead body? What difference does pregnancy make to legal personality? Can human genetic sequences be owned? Does a celebrity own their image? Can the human body and its parts be regarded as a species of property or must human beings, whether dead or alive, whole or dismembered, always be regarded as persons? Is a foetus the property of the mother or a person in its own right'.This lucid and original book considers recent legal theory regarding personality and property as well as the historical development of these concepts and illustrates their continuing importance as foundational elements of the legal mind.
This title was first published in 2001. Two of Australia�s leading feminist legal theorists examine the relationship between persons and property and the concept of self-ownership in relation to current legal debates.
Technological advances have made the right to privacy an important issue. Most discussions of privacy focus largely on methods and standards for the protection of specific privacy rights. In contrast, Elizabeth Neill addresses the need to re-evaluate what it means for us to possess a right to privacy, or rights at all. In Rites of Privacy and the Privacy Trade Neill constructs an original theory of natural rights and human dignity to ground our right to privacy, arguing that privacy and autonomy are innate natural properties metaphorically represented on the moral level and socially bestowed. She develops her position by drawing on works in history, sociology, metaphor, law, and the moral psychology of Lawrence Kohlberg. The resulting theory provides surprising answers to controversial and pressing questions regarding, for instance, our right to privacy for medical records in various contexts and in relation to various authority structures, including government. Neill demonstrates that, while we have some entitlement to protection of privacy, entitlement does not have the moral scope suggested by currently entrenched legal and social norms. She cautions against some of the privacy privileges we currently enjoy B referring specifically to claims such as those against insurance companies to prevent access to medical records B and suggests that if they are to be continued, respect for privacy is not the reason.
This book is an important study of the controversial `right' of persons to control the commercial use of their likeness, name, voice and other identifying indicia. In the first part, the author describes the right of publicity in the United States and the portrait right in the Netherlands, and discusses other relevant theories such as the right of privacy, copyright law, trademark law, false advertising law, misappropriation theories and neighbouring rights. In the second part, the author analyses whether the right of publicity tort can be developed into a new intellectual property right. In a challenging study, the author discusses the justifications and property nature of this intellectual property right and its conflict with the principles of free trade and free speech . The author concludes that it is possible to define a new assignable and descendible intellectual property right in which the principles of free trade and free speech are integrated: the Right of Persona . This book will be a valuable and practical source of case law and literature on the protection of celebrities and non-famous persons against the unpermitted use of their identity by advertisers, the press, the entertainment industry and other media.
Like many concepts, privacy has a commonly accepted core of meaning with an indefinite or variable periphery. Some would wish to enlarge the core. It would be pointless to attempt to establish a definition by way of introduction to a series of essays that themselves provide no single definition. But the themes of freedom, justice, rational choice, and community always seem to appear in any discussion of privacy. Privacy is a penultimate good. Perhaps, in certain usages--such as autonomy--it is an ultimate good, desirable for its own sake and grounded on nothing more final. Of course, the right of privacy may sometimes be asserted to conceal illegal or immoral acts. When that occurs, it appears to be put to an instrumental use. But, insofar as we justify such claims, it is not because they prevent the detection of immorality or violations of the law. Rather, at least in the case of illegal acts, it is because the means being challenged themselves violate privacy. The individual control-human dignity foundation for privacy, is closely related to personality. Privacy provides relief from tension and opportunity for the development of intimate relations with others. All of us have standards of behavior that are higher than we can maintain at all times, and these standards are widely shared in the society in which we live. If we do not observe them we are likely to be criticized, or we fear that we shall be, and we suffer also from loss of self-esteem. Whether in some final sense the concept of privacy is culture bound is impossible to establish, in the absence of any known society in which elements of privacy are not to be found.
Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis