PUBLICITY RIGHTS AND IMAGE. Exploitation and Legal Control.
Academics and practitioners are
currently divided on the issues involved in permitting and regulating the
commercial exploitation of publicity. 'Publicity' is the practice of using an
individual's name, image and reputation to promote products or to provide media
coverage, often in gossip magazines and the tabloid press. This book provides a
theoretical and multi-jurisdictional review of the nature of publicity practice
and its appropriate legal regulation. The book includes a detailed exploration
of the justifications advanced in favour of publicity rights and those that are
advanced against. Removing the analysis from any one jurisdiction the book
examines current academic and judicial perspectives on publicity rights in a
range of jurisdictions, drawing out similarities and differences, and revealing
a picture of current thinking and practice which is intellectually incoherent.
By then clearly defining the practice of publicity and examining justifications
for and against, the author is able to bring the nature and shape of the right
of publicity into much sharper focus.
The book includes a careful consideration of possible limits to any right of publicity, the potential for assigning publicity rights or transferring them post mortem, and whether defences can be offered. The author concludes by arguing for a publicity right which provides a degree of protection for the individual but which is significantly curtailed to recognise valid competing interests.