Celebrity image rights versus public interest: striking the right balance under German law

Coors, Corinna

doi:10.1093/jiplp/jpu164

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“…64 Every natural person is entitled to Publicity Right protection, although that right is slightly more limited for celebrities: They can have their images published without their authorisation for noncommercial reasons if it is deemed to be in the public interest, according to Section 23 of the Kunsturhebergesetz. 65 If the purpose is commercial however, for instance for an advertisement, approval of the person involved is required (Coors, 2014).…”

Section: Germanymentioning

confidence: 99%

Protecting image rights in the face of digitalization: A United States and European analysis

Heugas

2021

World Intellectual Property

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The star of the movie "Rebel without a Cause," James Dean, died in 1955. Yet the latest film he will officially be credited in, dates back to no sooner than 2020. Indeed, the movie "Finding Jack" will incorporate a hologram of James Dean, resurrected from the dead to play a character in this brand new performance under his name. This does not represent an exceptional singular case however. Technology is advancing at a drastic pace; which legislation sometimes struggles to keep up with. The novel ways of digitally reproducing human beings have brought along with them serious questions concerning Personality Rights protection. These rights diverge considerably from one jurisdiction to another, on a variety of topics such as the acknowledgement of posthumous protection or the scope of the right to privacy versus publicity rights, for example. This paper offers an evaluation of these rights, based on a comparative analysis across different civil and common law countries, which will hopefully provide an insight into how image rights are being safeguarded at present. The paper concludes proposing a potential future framework to ensure personality right protection in an increasingly digitized world.

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Section: Germanymentioning

confidence: 99%

Protecting image rights in the face of digitalization: A United States and European analysis

Heugas

2021

World Intellectual Property

View full text Add to dashboard Cite

show abstract

Celebrity image rights versus public interest: striking the right balance under German law

Cited by 1 publication

References 0 publications

Protecting image rights in the face of digitalization: A United States and European analysis

Protecting image rights in the face of digitalization: A United States and European analysis

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