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

Coors, Corinna (2014) Celebrity image rights versus public interest: striking the right balance under German law. Journal of Intellectual Property Law & Practice, 9 (10). pp. 835-840.

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Abstract

This article analyses the background and latest developments in the case-law in Germany which deals with the commercial exploitation of an individual's personality as a special form of manifestation of the general right of personality. It will be considered how the German Federal Court of Justice strikes the balance between legitimate public interest in a celebrities' personality and a mere business interest. As the debate about the recognition of image rights in the UK is gathering momentum in the wake of the recent decision of the UK High Court of Justice which considered Rihanna, the pop star, and the clothes chain Topshop and the unauthorised use of Rihanna's image on T-shirts, this article will be of real interest to legal practitioners and academics concerned with comparative law and the protection of personality and image rights in Germany.

Item Type: Article
Additional Information: © 2014 Oxford University Press. This is a pre-copy-editing, author-produced PDF of an article accepted for publication in Jnl of Intellectual Property Law & Pract following peer review. The definitive publisher-authenticated version is available online at: http://dx.doi.org/10.1093/jiplp/jpu164.
Uncontrolled Keywords: image rights, personality rights, German law
Subjects: Law and criminal justice > Law
Depositing User: Corinna Coors
Date Deposited: 26 Jan 2016 09:19
Last Modified: 06 Dec 2016 15:36
URI: http://repository.uwl.ac.uk/id/eprint/1508

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