The Commercial Appropriation of Personality

Huw Beverley-Smith (King's College London)

The Commercial Appropriation of Personality
Format
Hardback
Publisher
Cambridge University Press
Country
United Kingdom
Published
15 August 2002
Pages
404
ISBN
9780521800143

The Commercial Appropriation of Personality

Huw Beverley-Smith (King's College London)

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 unauthorised 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 new 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 new commercial practices and different attitudes towards the proper scope and limits of intangible property rights.

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