Download Privacy, Property and Personality: Civil Law Perspectives on by Huw Beverley-Smith PDF

By Huw Beverley-Smith

ISBN-10: 0521820804

ISBN-13: 9780521820806

The security of privateness and character is without doubt one of the so much attention-grabbing matters confronting any criminal approach. This publication offers an in depth comparative research of the legislation when it comes to advertisement exploitation of character in France, Germany, the uk and the USA. It examines the problems in reconciling privateness and character with highbrow estate rights in an individual's identification and in balancing such rights with the competing pursuits of freedom of expression and freedom of pageant.

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The second main perspective focuses on the injury to personal dignity, be it labelled ‘privacy’, ‘dignity’, or ‘personality’. The extent and precise form of protection for individual dignity differs markedly between the major civil law and common law systems. Initially, most legal systems used to give priority to claims for physical injury and in earlier times these injuries were the law’s primary concern. As societies and modern living conditions change, plaintiffs inevitably claim redress for other kinds of harm.

Anheuser Busch Inc. v. Budejovicky Budvar NP [1984] FSR 413, 470. Cf. the distinction between economic and non-economic interests, 2–3 above, and see further 52–3 below. See 81–2 below. Property, personality and unfair competition 17 goodwill results, or is likely to result. In the early English cases, involving the unauthorised use of professional surgeons’ names, the notion of goodwill was inextricably linked with personal and professional reputation. 28 The Australian courts took the lead in this respect.

As will be shown in chapter 5, French courts refer to personality rights rather than to the ‘parasitism doctrine’ (which is quite similar to the unfair competition law doctrine of misappropriation in French law)31 to afford protection against unauthorised commercial use of attributes of personality. 32 In the absence of a general remedy such as the actio injuriarum,33 common law jurisdictions have traditionally given limited recognition to non-economic or dignitary 29 30 31 32 33 See EC Directive 97/55/EC of 6 October 1997 amending directive 84/450/EEC on misleading advertising so as to include comparative advertising, OJL 270 of 23.

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