Privacy, Property and Personality: Civil Law Perspectives on Commercial Appropriation
Huw Beverley-Smith · Ansgar Ohly · Agnes Lucas-Schloetter
Nov 2005 · Cambridge Intellectual Property and Information Law Book 7 · Cambridge University Press
Ebook
300
Pages
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About this ebook
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.
About the author
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.
Agnès 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.
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