This book is an important study of the controversial `right' of persons to control the commercial use of their likeness, name, voice and other identifying indicia. In the first part, the author describes the right of publicity in the United States and the portrait right in the Netherlands, and discusses other relevant theories such as the right of privacy, copyright law, trademark law, false advertising law, misappropriation theories and neighbouring rights.
In the second part, the author analyses whether the right of publicity tort can be developed into a new intellectual property right. In a challenging study, the author discusses the justifications and property nature of this intellectual property right and its conflict with the principles of free trade and free speech .
The author concludes that it is possible to define a new assignable and descendible intellectual property right in which the principles of free trade and free speech are integrated: the Right of Persona .
This book will be a valuable and practical source of case law and literature on the protection of celebrities and non-famous persons against the unpermitted use of their identity by advertisers, the press, the entertainment industry and other media.
- Introduction
- United States: The Right of Publicity
- United States: Other Legal Theories
- The Netherlands: Portrait Law
- The Netherlands: Other Legal Theories
- Justifications for a Property Right in Human Persona
- Is the Right of Publicity an Intellectual Property Right?
- Content: Integration of the Freedom of Speech Principles
- Content: Discussion of Case Law
- Protection of Performers
- The Right of Persona, A New Intellectual Property Right