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Privacy, Property and Personality
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.
Privacy, Property and Personality
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.
Indigenous Heritage and Intellectual Property
For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the...
Research Handbook on Intellectual Property and Creative Industries
The creative industries are becoming of increasing importance from economic, cultural, and social perspectives. This Handbook explores the relationship, whether positive or negative, between creative industries and intellectual property (IP) rights.
The Commercial Appropriation of Personality
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.
The Making of the Chinese Civil Code
A group of leading comparative private law scholars from Europe, United States, and China came together and studied the new Chinese Civil Code from a comparative and cross-disciplinary perspective.
Emerging Challenges in Privacy Law
Prominent privacy law experts, regulators and academics examine contemporary legal approaches to privacy from a comparative perspective.
Managing the Legal Nexus Between Intellectual Property and Employees
The explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. This book examines the pressing legal issues that arise at the intersections of intellectual property law, employment law, and
The Commercial Appropriation of Fame
9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
Intangible Intangibles
This book takes as its starting point recent debates over the dematerialisation of subject matter which have arisen because of changes in information technology, molecular biology, and related fields that produced a subject matter with no obvious material form or trace. Arguing against the idea that dematerialisation is a uniquely twenty-first century problem, this book looks at three situations where US patent law has already dealt with a dematerialised subject matter: nineteenth century chemical inventions, computer-related inventions in the 1970s, and biological subject matter across the twentieth century. In looking at what we can learn from these historical accounts about how the law responded to a dematerialised subject matter and the role that science and technology played in that process, this book provides a history of patentable subject matter in the United States. This title is available as Open Access on Cambridge Core.
