The Commercial Appropriation of Personality

by Huw Beverley-Smith

Overview

Commercial exploitation of attributes of an individual's personality (name, voice and likeness) is characteristic of modern advertising and marketing. This volume provides a framework for analyzing the disparate aspects of the commercial appropriation of personality and traces its discrete patterns in the major common law systems. It considers whether a coherent justification for a remedy may be identified from a range of competing theories.

Product Details

ISBN-13:	9780521052528
Publisher:	Cambridge University Press
Publication date:	02/21/2008
Series:	Cambridge Intellectual Property and Information Law , #4
Pages:	404
Product dimensions:	5.90(w) x 9.00(h) x 1.00(d)

About the Author

Huw Beverley-Smith was formerly Lecturer in Law in the Department of Law, University of Wales, and Visiting Research Fellow at the Max Planck Institute for Foreign and International Patent, Copyright and Competition Law in Munich.

Table of Contents

Preface; Table of cases; Table of statutes; Part I. A Framework: 1. The problem of appropriation of personality; Part II. Economic Interests and the Law of Unfair Competition: 2. Introduction; 3. Statutory and extra-legal remedies; 4. Goodwill in personality: the tort of passing off in English and Australian law; 5. Unfair competition and the doctrine of misappropriation; Part III. Dignitary Interests: 6. Introduction; 7. Privacy and publicity in the United States; 8. Privacy interests in English law; 9. Interests in reputation; Part IV. Pervasive Problems: 10. Property in personality; 11. Justifying a remedy for appropriation of personality; Part V. Conclusions: 12. The autonomy of appropriation of personality; Bibliography; Index.

Editorial Reviews

'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

From the Publisher