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This authoritative book provides a comprehensive analysis the current state of the law in England and Wales regarding the protection of name, image and other aspects of persona, and goes into detail on both the specific context of commercial exploitation without the individual’s consent, and in the separate context of invasion of privacy. The author presents a detailed analysis of the numerous developments which have occurred in relation to the right to privacy in the UK, and discusses how the laws have developed to protect against unjustified exploitation of one’s image.
The new edition features a section on how trade mark law relates to image, name and persona, and covers the applicable copyright law which relates to the exploitation of identity. The author also analyses the Codes of Conduct followed by journalists, the media and advertisers, and looks at how image can be exploited in an endorsement or sponsorship agreement. Leading Privacy decisions, and resulting alternative claims, which have been brought under the Data Protection Act 1998, including the Douglas/Zeta-Jones and JK Rowling’s Son decisions, are examined and an explanation is given on how the law of Passing Off was extended to provide claimants against with a means of enforcing their personality rights.
Written by a distinguished author from a leading media law firm who has worked on high profile cases in this area, this new edition provides a high standard of commentary and knowledge and will be invaluable to practitioners specialising in entertainment and media law.