Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. This book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction, the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually coherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus. The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests.
Note
Based on the author's 'PhD thesis, 'A Right of Publicity in Scots Law', completed at the University of Edinburgh in 2009.' -- acknowledgements.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
1. The power of image: introducing publicity rights; 2. The theory of image and publicity rights; 3. The exploitation of image and publicity; 4. Privacy as a basis for protecting publicity rights; 5. Justifying publicity rights: setting the scene; 6. Order, autonomy and efficiency: justifyieng a right of publicity; 7. The competing interests; 8. The nature of publicity rights; 9. The scope of publicity rights: formation, duration and transfer; 10. The permitted uses of persona; 11. Remedies for breach of publicity rights.
The power of image : introducing publicity rights The theory of image and publicity rights The exploitation of image and publicity Privacy as a basis for protecting publicity rights Justifying publicity rights : setting the scene Order, autonomy and efficiency : justifying a right of publicity The competing interests The nature of publicity rights The scope of publicity rights : formation, duration and transfer The permitted uses of persona Remedies for breach of publicity rights Conclusion.
Academics and practitioners are currently divided on the issues involved in permitting and regulating the commercial exploitation of publicity. 'Publicity' is the practice of using an individual's name, image and reputation to promote products or to provide media coverage, often in gossip magazines and the tabloid press. This book provides a theoretical and multi-jurisdictional review of the nature of publicity practice and its appropriate legal regulation. This book includes a detailed exploration of the justifications advanced in favour of publicity rights and those that are advanced against. Removing the analysis from any one jurisdiction, the book examines current academic and judicial perspectives on publicity rights in a range of jurisdictions, drawing out similarities and differences, and revealing a picture of current thinking and practice which is intellectually coherent. By then clearly defining the practice of publicity and examining justifications for and against, the author is able to bring the nature and shape of the right of publicity into much sharper focus. The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests.