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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Publicity Rights and Image: Exploitation and Legal Control

ISBN13: 9781849460545
Published: January 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00

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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, 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, such as the public interest.

This is a work which will be of interest to academics and practitioners working in the field of publicity, privacy and intellectual property.

Intellectual Property Law, Media and Entertainment Law
1. The Power of Image: Introducing Publicity Rights
Part I Understanding Publicity: Theory and Practice
2. The Theory of Image and Publicity Rights
3. The Exploitation of Image and Publicity
4. Privacy as a Basis for Protecting Publicity Rights

Part II Justifying Publicity Rights
5. Justifying Publicity Rights: Setting the Scene
6. Order, Autonomy and Efficiency: Justifying a Right of Publicity
7. The Competing Interests
8. The Nature of Publicity Rights

Part III Shaping Publicity Rights
9. The Scope of Publicity Rights: Formation, Duration and Transfer
10. The Permitted Uses of Persona
11. Remedies for Breach of Publicity Rights
12. Conclusion