Headwind from Europe: the new position of the German courts on personality rights after the judgment of the European Court of Human Rights

Coors, Corinna (2010) Headwind from Europe: the new position of the German courts on personality rights after the judgment of the European Court of Human Rights. German Law Journal, 11 (5). pp. 527-538. ISSN 2071-8322

[img] PDF
GLJ_Vol_11_No_05_Coors.pdf - Published Version
Restricted to Repository staff only

Download (238kB) | Request a copy

Abstract

This article illustrates the old and introduces the new German jurisprudence in relation to personality rights. It further examines how the BGH and the BVerfG have reacted to the critics of the ECHR by developing and defining the limits of the graded protected concept (abgestuftes Schutzkonzept) and giving up the absolute figure of contemporary history (absolute Person der Zeitgeschichte). Where necessary for the purpose of a better understanding of German law, a comparative approach to United States law will be provided.
Since the debate about the adoption of a federal right of publicity is continuing in the United States, the recent developments in Germany and Europe might be of particular interest to the American jurist.

Item Type: Article
Uncontrolled Keywords: personality rights, German Federal Court of Justice, Germany, European Court of Human Rights, United States
Subjects: Law and criminal justice > Law
Depositing User: Corinna Coors
Date Deposited: 12 Apr 2016 10:43
Last Modified: 22 Oct 2016 15:49
URI: http://repository.uwl.ac.uk/id/eprint/1885

Actions (login required)

View Item View Item

Menu