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Privacy, Property and Personality
The protection of privacy and personality is one of the most fascinating
issues confronting any legal system. This book provides a detailed
comparative analysis of the laws relating mercial exploitation of
personality in France, Germany, the United Kingdom and the United
States. It examines the difficulties in reconciling privacy and personality
with intellectual property rights in an individual’s identity and in balan-
cing such rights with peting interests of freedom of expression
and freedom petition. The discrete patterns of development in
the mon law and civil law jurisdictions are outlined, together
with an analysis of the basic models of protection.
The analysis will be useful for lawyers in legal systems which have yet
to develop a sophisticated level of protection for interests in personality.
Equally, lawyers in systems that provide a higher level of protection will
benefit from parative insights into determining the nature and
scope of intellectual property rights in personality, particularly questions
relating to assignment, licensing, and post-mortem protection.
H UW B EVERLEY-SMITH is a Solicitor in the Brands, Technology,
Media and munications Department at Field Fisher Waterhouse
in London. He is also the author of mercial Appropriation of
Personality (Cambridge 2002).
A NSGAR O HLY is Professor of Civil Law and Intellectual Property Law
in the Faculty of Law and Economics at the University of Bayreuth,
Germany. Until 2002 he was the head of monwealth
Department of the Max-Planck Institute for Intellectual Property,
Competition and Tax Law, Munich.
A GNE` S L UCAS-SCHLOETTER is Lecturer in French law at the
Ludwig-Maximilian University of Munich, Germany. Until 2003 she
was a researcher at the Max-Planck Institute for Intellectual Property,
Competition and Tax Law, Munich.
Cambridge Studies in Intellectual Property Rights
As its economic potenti