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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.
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.
Commercial Appropriation of Personality
Beverley-Smith provides analyses of the disparate aspects of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. He also considers whether a coherent justification for a new remedy may be identified from a range of competing theories.
Adventures in Childhood
This book shows how intellectual property turned the family into a market while, simultaneously, the market became a family.
A Critique of the Ontology of Intellectual Property Law
This book provides a comprehensive critique of the idea that 'intellectual property' exists as an object that can be owned.
The Making of the Chinese Civil Code
This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.
The Law of Reputation and Brands in the Asia Pacific
Considers current pressures to expand legal protection given to reputation and brands in the Asia Pacific region and the associated controversies.
Family Secrets
What did families hide in the past and why? By delving into the familial dynamics of shame and guilt, Family Secrets investigates the part that families, so often regarded as the agents of repression, have played in the transformation of social mores from the Victorian era to the present day.
Goodwill in Passing Off
The law of passing off protects traders from a form of misrepresentation that harms their goodwill, and consumers from the market distortion that may result. This carefully-crafted work seeks to delineate two intertwined aspects of goodwill: substantive and structural goodwill. It argues that the law of passing off should focus on protecting structural goodwill, and that this in turn allows traders’ authentic voices to help shape the substantive goodwill to attract custom for them in the marketplace.
The Cambridge Handbook of Private Law and Artificial Intelligence
AI appears to disrupt key private law doctrines, and threatens to undermine some of the principal rights protected by private law. The social changes prompted by AI may also generate significant new challenges for private law. It is thus likely that AI will lead to new developments in private law. This Cambridge Handbook is the first dedicated treatment of the interface between AI and private law, and the challenges that AI poses for private law. This Handbook brings together a global team of private law experts and computer scientists to deal with this problem, and to examine the interface between private law and AI, which includes issues such as whether existing private law can address the challenges of AI and whether and how private law needs to be reformed to reduce the risks of AI while retaining its benefits.
