Privacy, Property and Personality
Civil Law Perspectives on Commercial Appropriation

A detailed comparative analysis of intellectual property rights in Europe and the United States.

Huw Beverley-Smith (Author), Ansgar Ohly (Author), Agnes Lucas-Schloetter (Author)

9780521820806, Cambridge University Press

Hardback, published 24 November 2005

284 pages
23.5 x 16 x 2.3 cm, 0.601 kg

' a much needed contribution to the literature in this field … this book is well written and its thorough coverage makes it a valuable point of reference for all further research and debate in this area.' Modern Law Review

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.

Preface
Table of cases
Table of statutes
Table of abbreviations
1. Introduction
2. Property, personality and unfair competition in England and Wales, Australia and Canada
3. Privacy and personality in the common law systems
4. German law
5. French law
6. Conclusions
Bibliography
Index.

Subject Areas: Privacy & data protection [URD], Intellectual property law [LNR], Entertainment & media law [LNJ], Comparative law [LAM], Media, information & communication industries [KNT]