{"product_id":"laws-of-image-privacy-and-publicity-in-america-hardback-9780804791441","title":"Laws of Image; Privacy and Publicity in America (Hardback) 9780804791441","description":"\u003cfont face=\"Georgia\"\u003e\r\n\u003cp\u003e\u003cfont size=\"6\"\u003eLaws of Image\u003c\/font\u003e\u003cbr\u003e\r\n\u003cfont size=\"5\"\u003ePrivacy and Publicity in America\u003c\/font\u003e\u003c\/p\u003e\r\n\r\n\r\n\r\n\r\n\u003cp\u003e\u003cfont size=\"4\"\u003eSamantha Barbas (Author)\u003c\/font\u003e\u003c\/p\u003e\r\n\r\n\u003cp\u003e\u003cfont size=\"3\"\u003e9780804791441\u003c\/font\u003e\u003c\/p\u003e\r\n\r\n\u003cp\u003e\u003cfont size=\"3\"\u003eHardback, published 30 September 2015\u003c\/font\u003e\u003c\/p\u003e\r\n\r\n\u003cp\u003e\u003cfont size=\"3\"\u003e328 pages\u003cbr\u003e22.9 x 15.2 x 2.8 cm, 0.612 kg\u003c\/font\u003e\u003c\/p\u003e\r\n\r\n\r\n\r\n\u003cp align=\"justify\"\u003e\u003cem\u003e\u003cfont size=\"3\"\u003e\"Beautifully written and powerfully argued, \u003ci\u003eLaws of Image\u003c\/i\u003e shows us how the law develops through culture, leaving us with a rich sense of the struggle that remains as digital culture renders the image as common as the bit. This is not a story with a known ending—Samantha Barbas charts the very origin of an increasingly important legal protection, and the ongoing battle to counter a technology that knows no limits.\"—Lawrence Lessig, Harvard Law School \"Barbas's book offers a lucid, wide-ranging, and accessible cultural and legal history of a time when privacy mattered, when the law helped ordinary individuals control their images, and when courts considered ratifying a right to be protected from uses others might make of an image. \u003ci\u003eLaws of Image\u003c\/i\u003e provides readers with an extraordinary voyage to a past that seems almost impossibly quaint and distant.\"—Hendrik Hartog, Princeton University \"In a series of compelling stories of court cases and their social contexts, Samantha Barbas illuminates how evolving ideas about self-image and privacy transformed tort law and the freedom of speech. \u003ci\u003eLaws of Image\u003c\/i\u003e is an artful combination of cultural and legal history.\"—Stuart Banner, UCLA Law School \"When at its best Barbas's writing and organization represents the best in legal history: clear and straightforward prose with rich detail and legal precision that shows where legal concepts came from, how they evolved, and the role they played in people's lives.\"—Patrick C. File, \u003ci\u003eJournalism and Mass Communication Quarterly\u003c\/i\u003e \"Dr. Samantha Barbas's book, \u003ci\u003eLaws of Image: Privacy and Publicity in America\u003c\/i\u003e, makes an original, important, and engaging contribution to the history of the privacy law in the United StatesGiven that \u003ci\u003eLaws of Image\u003c\/i\u003e spans more than 100 years of legal and cultural developments, it is remarkable how readable this book is: It is well-written, and the flow and pacing are excellent.\"—Lyrissa B. Lidsky, \u003ci\u003e JOTWELL\u003c\/i\u003e \"In \u003ci\u003eLaws of Image\u003c\/i\u003e Samantha Barbas provides an accessible, highly readable cultural and legal history of privacy and the balance struck among competing interests over more than a century of litigation and legislation. Readers with little knowledge of the legal history of privacy will learn of the changing legal protections for the use of an individual's image and the cultural influences that shaped the law. More knowledgeable readers will gain new insights about the law and a richer understanding of the cultural context that shapes privacy law.\"—Tim Gleason, \u003ci\u003eJournal of American History\u003c\/i\u003e\u003c\/font\u003e\u003c\/em\u003e\u003c\/p\u003e\r\n\r\n\u003cp align=\"justify\"\u003e\u003cstrong\u003e\u003cfont size=\"3\"\u003e\u003cp\u003eAmericans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of \"personal image litigation\"—individuals suing to vindicate their image rights. \u003c\/p\u003e \u003cp\u003e\u003ci\u003eLaws of Image\u003c\/i\u003e tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.\u003c\/p\u003e\u003c\/font\u003e\u003c\/strong\u003e\u003c\/p\u003e\r\n\r\n\u003cp\u003e\u003cfont size=\"3\"\u003e\u003cdiv id=\"toc\"\u003e\n\u003cdiv class=\"toc-header\"\u003eContents and Abstracts\u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e1\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eImage and Reputation\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eThe late 19th century saw the rise of the sensationalistic popular press in the United States, and with it, the expansion of libel law and litigation. In increasing number, both famous and ordinary people were bringing suit against the press over false, defamatory, unflattering depictions. Once seen as something to be negotiated through social interactions, in the rough and tumble of everyday life, reputations and public images were becoming legal entities, to be controlled and maintained through the use of law and legal institutions.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e2\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eThe Right to Privacy\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003e\"\u003cbr\u003eThe Right to Privacy\"\u003cbr\u003e by Samuel Warren and Louis Brandeis, published in the Harvard Law Review in 1890 and dubbed the \"\u003cbr\u003emost famous law review article of all time,\"\u003cbr\u003e established the practical and theoretical foundations of the tort action for invasion of privacy. The privacy action permitted people to sue over the mental anguish that ensued when they were depicted before the public in an embarrassing or unfavorable manner, even though the material was not necessarily false or defamatory. Like the surge in libel litigation, the development of the right to privacy was a response to the rise of the popular press. It also reflected a new sensitivity to public image that emerged from the demands of social life in a urban, commercial, mass-mediated society, where appearances, first impressions, and superficial images were becoming important foundations of social evaluation and judgment.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e3\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eThe Crisis of the Circulating Portrait\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eDespite its invention as a remedy for the victims of sensationalistic journalism, the tort of invasion of privacy was rarely used in that context in its early years. The right to privacy took off in a different kind of violation of the right to one's image. At the turn of the 20th century, the right to privacy was mobilized in cases where people were upset about having their visual likenesses presented to the public in a displeasing manner. In particular, individuals whose photographs had been used in advertisements without consent brought suits for invasion of privacy. At a time when advertising was seen as disreputable, these acts of image appropriation were regarded as truly offensive. The right to privacy was the right to recover for the anguish caused by this particular form of identity theft — having one's picture used, without authorization, in an embarrassing and undignified commercial context.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e4\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eInsult and Image\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eThe emerging mass media were not the only threats to personal image in turn of the century urban America. Commercial institutions such as railroads, department stores, and theatres were also posing threats to people's reputations, public images, and social identities. In an era before courtesy was standard in service occupations, patrons suffered acts of shaming and public humiliation by train conductors, theater ushers, and other commercial personnel. By the early twentieth century, courts had devised a tort action that would permit people to recover damages for emotional distress caused by these sorts of insults. This law of 'institutional insult,' the forerunner of the modern tort of intentional infliction of emotional distress, was an important component of the developing laws of image. Like the right to privacy, it was a right to legal redress for injuries to one's public image and one's feelings about one's image.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e5\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eThe Image Society\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eIn the first decades of the twentieth century, the United States became an image society. In an emerging culture of celebrity and consumption, a nation where the mass media, especially visual media, were exerting a powerful hold over the popular consciousness, Americans were envisioning themselves and their social identities as images, entangled with, if not congruent with, the impressions they made in the eyes of others. The self inhered in the image: who one was was how one appeared before others, and that appearance was fluid and malleable. The self lived on the surface and was continuously regenerated through managed acts of self-performance and self-display. The actor became the modal self, and the act of managing and perfecting one's image was freighted with tremendous emotional and psychological weight.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e6\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eThe Laws of Image\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eAs the image-conscious sensibility gained purchase on the popular imagination, and the mass media proliferated, existing areas of law were expanded and new laws created to protect people's interests in their public images. In the 1930s and 40s, a majority of states recognized the tort right to privacy, described as a right to avoid undesirable and \"\u003cbr\u003eunwarranted publicity.\"\u003cbr\u003e Libel claims increased, and courts were extending libel law to address a broad range of harms to people's emotions, reputations, and public personas. A new tort action remedied serious, intentionally inflicted injuries to people's feelings, including their feelings about their images. In a number of different contexts, courts were recognizing a right to manage and control aspects of one's public image, and the personal image lawsuit became a fixture of American legal culture.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e7\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eThe Freedom to Image\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eBefore World War I, William James Sidis was a famous child prodigy. As an adult, Sidis neglected his talents and retreated from public life. At 39, he was an adding-machine operator living alone in a shabby rooming house. The New Yorker wrote up his story in the magazine in 1937. Humiliated, Sidis sued for invasion of privacy. This chapter tells the story of the 1940 case Sidis v. F.R. Publishing, a milestone in the history of personal image law. Sidis was the first decision from a high federal court to imply that the right to privacy could be limited in the interest of freedom of speech. Sidis suggested that the right of the individual to control and express his own public image impinged on a more important right: the right of publishers to make and circulate images of people, and the right of the public to consume those images.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e8\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003eAn Age of Images\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eBy the 1950s, the laws of image were firmly established in American law and legal culture. Both the famous and the unknown were asserting a sense of entitlement to their images and mobilizing the law to defend themselves against unwanted publicity and perceived distortions of their public personae. Although courts in the post World War II era imposed further limitations on the image torts in the name of freedom of speech, the proliferation of the media, new communication technologies, and a cultural focus on personal images and \"\u003cbr\u003eimage management\"\u003cbr\u003e nonetheless led to the significant growth of image law and personal image litigation. At the same time the laws of image were being narrowed, they expanded to accommodate people's increasing protectiveness of their public images in an image-saturated society, what was being described as an \"\u003cbr\u003eage of images.\"\u003cbr\u003e\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e9\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003ePrivacy and the Image in Postwar America\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eThe privacy tort came into its own in the 1950s and 60s. The number of reported privacy cases more than doubled that of any previous decade, and the tort was recognized in a majority of states. After years of avoiding the question, in 1967 the Supreme Court finally addressed the question of whether, as a matter of formal constitutional law, the privacy tort could coexist with modern interpretations of freedom of speech. The uneasy, tentative truce between privacy and free speech that the Court achieved in Time, Inc. v. Hill (1967) was emblematic of the culture of the time, which struggled to reconcile competing commitments to personal freedom — the freedom to determine one's own public persona and the freedom to make images of people and public affairs.\u003c\/p\u003e \u003c\/div\u003e\n\u003cdiv class=\"tocline\"\u003e\n\u003cdiv class=\"chapnumandtitle\"\u003e\n\u003cspan class=\"chapnum\"\u003e\u003c\/span\u003e\u003cspan class=\"chaptitle\"\u003ePrivacy and the Image in Postwar America\u003c\/span\u003e\n\u003c\/div\u003e\n\u003cdiv class=\"trigger abstract no-print\"\u003e chapter abstract\u003c\/div\u003e\n\u003cp class=\"abstract\"\u003eBy the 1970s, the basic doctrines of the tort laws of image had been established, as had the \"\u003cbr\u003eimage-conscious sensibility.\"\u003cbr\u003e As this book has illustrated, the twentieth century witnessed the rise of a cultural attitude or outlook in which the self is conceptualized in terms of images. The law both responded to and contributed to this focus on images and the rise of the image-conscious self. A body of tort law — \"\u003cbr\u003eimage law\"\u003cbr\u003e — was created to protect the individual's public image, his ability to control his image, and his feelings about his image. Free speech limitations notwithstanding, American culture embraced the idea of a legal right to be vindicated and compensated for image-based harms, part of a broader, fundamental right to possess and control the self.\u003c\/p\u003e \u003c\/div\u003e\n\u003c\/div\u003e\u003c\/font\u003e\u003c\/p\u003e\r\n\r\n\r\n\r\n\r\n\u003c\/font\u003e","brand":"Stanford Law Books","offers":[{"title":"Brand New","offer_id":52551696941336,"sku":"9780804791441","price":22.26,"currency_code":"GBP","in_stock":true}],"url":"https:\/\/freshlyprintedbooks.co.uk\/products\/laws-of-image-privacy-and-publicity-in-america-hardback-9780804791441","provider":"Freshly Printed Books","version":"1.0","type":"link"}