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The Commercial Appropriation of Personality : Cambridge Studies in Intellectual Property Rights - Huw Beverley-Smith

The Commercial Appropriation of Personality

Cambridge Studies in Intellectual Property Rights


Published: 9th September 2002
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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 unauthorised 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 new 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 new commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

'The book is useful for any student of the law, for academics and judges, as well as for practitioners, including the generalist or even the specialist in another field. Its value lies beyond the insight it provides into this interesting, specialist, developing area of the law. It is a blueprint for the study of any area of common law that is being radically adapted and developed to meet new technological, economic and cultural changes.' Entertainment Law Review

Table of cases
Table of statutes
A Framework
The problem of appropriation of personality
Economic Interests and the Law of Unfair Competition
Statutory and extra-legal remedies
Goodwill in personality: the tort of passing off in English and Australian law
Unfair competition and the doctrine of misappropriation
Dignitary Interests
Privacy and publicity in the United States
Privacy interests in English law
Interests in reputation
Pervasive Problems
Property in personality
Justifying a remedy for appropriation of personality
The autonomy of appropriation of personality
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9780521800143
ISBN-10: 0521800145
Series: Cambridge Studies in Intellectual Property Rights
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 404
Published: 9th September 2002
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 2.69
Weight (kg): 0.76