Privacy, Property and Personality隐私、财产与人格：商业占有民法透视
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作者： Huw Beverley-Smith著
出 版 社：
出版时间： 2006-1-1字数：版次： 1页数： 245印刷时间： 2006/01/01开本： 16开印次： 1纸张： 胶版纸I S B N ： 9780521820806包装： 精装编辑推荐
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 intellectual property rights in an individual's name, voice or likeness in the major legal systems: France, Germany, the United Kingdom and the United States. It examines the tensions between protecting an individual's privacy and personality through intellectual property law and the wider public interests in free speech and free competition.
内容简介
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.
作者简介
Huw Beverley-Smith is a Solicitor in the Intellectual Property and Technology Department at Field Fischer Waterhouse in London. he is also the author of The Commercial Appropriation of personality (Cambridge 2002).
目录
Preface page
Table of cases
Table of statutes
List of abbreviations
1 Introduction
The commercial value of aspects of personality
Commercial and non-commercial interests
Personality, privacy and intellectual property
Competing doctrinal bases of protection
Synopsis
2 Property, personality and unfair competition in England and Wales, Australia and Canada
Introduction
Liability based on misrepresentation: the tort of passing off in English and Australian law
Liability based on misappropriation: the Canadian tort of appropriation of personality
Conclusions
3 Privacy and personality in the common law systems
Introduction
From property to inviolate personality
Inviolate personality and the accretion of proprietary attributes
Conceptions of privacy
Reconciling privacy and commercial exploitation
The scope and limits of the right of publicity
Privacy in English law
Conclusion
4 German law
Introduction
History
Substantive legal protection
Post-mortem protection
Assignment and licensing
Remedies
5 French law
Framework and history
Protection of economic interests
Protection of non-economic interests
Remedies providing for prevention or cessation of the infringement: injunctions
Remedies providing for legal redress
Transfer
6 Conclusions
Introduction
Common features and contrasts
The three basic models of protection
Property, intellectual property and personality
Privacy, freedom of expression and commercial appropriation under the European Convention on Human Rights
Conclusions: A gradual convergence?
Bibliography
Index
