Image rights: exploitation and legal control in English and Hungarian law

Coors, Corinna and Mezei, Péter (2016) Image rights: exploitation and legal control in English and Hungarian law. Acta Juridica Hungarica - Hungarian Journal of Legal Studies, 57 (1). pp. 10-24. ISSN 2498-5473

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Abstract

Despite the economic value of personality and image rights, there is currently no international standard or agreed legal concept for recognising an image right. While many jurisdictions, for example, the US, Germany, France and Hungary offer express statutory protection against the unauthorised commercial use of an individual’s image by a third party in the context of publicity or personality rights, English law provides no cause of action for the infringement of image rights as such. Although a celebrity may currently obtain protection through various statutory and common law rights, such as the developing law of privacy, trade mark law breach of confidence and, in particular, the tort of passing off, none of these rights were designed to protect image or personality rights. In this context, this article explores the potentially enforceable rights, their benefits and practical strategies to protect name and image rights in the UK and Hungary.

Item Type: Article
Uncontrolled Keywords: image rights, personality rights, privacy, copyright, Hungary, England
Subjects: Law and criminal justice > Law
Depositing User: Corinna Coors
Date Deposited: 27 Jan 2016 08:47
Last Modified: 26 Jan 2017 16:31
URI: http://repository.uwl.ac.uk/id/eprint/1517

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