Propertising Identity : Understanding The United States Right of Publicity and Its Implications - Some Lessons for Australia  

Oleh:

Zapparoni, Rosina

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Melbourne University Law Review vol. 28 no. 3 (Dec. 2004), page 690-723.
Topik: PUBLICITY; propertising; identity; publicity; lessons

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: MM70 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

Lihat Detail Induk

Isi artikel

In recent years, there has been a growing interest amongst commentators in the degree to which the law is capable of protecting features of ‘identity’ or ‘persona’, with particular attention bestowed upon the category of ‘celebrity’ identity. This has led to both Australian and international interest in the so-called ‘right of publicity’, a doctrine developed in the United States which recognises the commercial value attaching to identity as a form of assignable personal property. Despite growing interest in the doctrine in Australia and some support for its adoption, the right of publicity has largely escaped detailed critical appraisal here. This article therefore seeks to critically evaluate the US right of publicity and to outline its conceptual and practical implications. In particular, this article will consider the jurisprudential consequences of such a development. As this article will demonstrate, detailed consideration of the right of publicity reveals considerable disunity within that body of law and significant conceptual difficulties with employing the language of property in order to protect ‘identity’ and ‘image’. The questions raised by the US approach are particularly instructive given the current crossroads in the Australian treatment of celebrity identity within the confines of the tort of passing off, as well as the privacy law developments that are currently taking place in this country.

Opini Anda

Klik untuk menuliskan opini Anda tentang koleksi ini!

Kembali