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Author: Ken Oliphant Publisher: BRILL ISBN: 900435171X Category : Law Languages : en Pages : 237
Book Description
This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.
Author: Ken Oliphant Publisher: BRILL ISBN: 900435171X Category : Law Languages : en Pages : 237
Book Description
This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.
Author: Gert Brüggemeier Publisher: Cambridge University Press ISBN: 113948429X Category : Law Languages : en Pages : 621
Book Description
This volume provides a comprehensive analysis of civil liability for invasion of personality interests in Europe. It is the final product of the collaboration of twenty-seven scholars and includes case studies of fourteen European jurisdictions, as well as an introductory chapter written from a US perspective. The case studies focus in particular on the legal protection of honour and reputation, privacy, self-determination and image. This volume aims to detect hidden similarities (the 'common core') in the actual legal treatment accorded by different European countries to personal interests which in some of these countries qualify as 'personality rights', and also to detect hidden disparities in the 'law in action' of countries whose 'law in the books' seem to protect one and the same personality interest in the same way.
Author: Ken Oliphant Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights - the right to life, the right to health, and the rights to reputation and privacy - into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients' personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.
Author: Jennifer Rothman Publisher: Harvard University Press ISBN: 0674986350 Category : Law Languages : en Pages : 170
Book Description
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Author: Robert Deacon Publisher: Jordan Publishing (GB) ISBN: 9781846611865 Category : Celebrities Languages : en Pages : 0
Book Description
This book is a practical guide to the drafting and protection of commercial agreements in the UK. It is the first book on the market to draw together the different strands of the law, including privacy, defamation, broadcasting rights, sponsorship, and merchandising. Analysis of the law is supplemented with precedent contractual agreements and injunctions enabling practitioners to respond quickly to their clients' needs. Article 8 of the European Court of Human Rights protects an individual's right to privacy, however, in the UK, this is particularly difficult to implement due to the lack of legislation in this area. Privacy law has developed as a result of several important cases over the past few years, such as Campbell v Mirror Group Newspapers, Douglas v Hello, and, most recently, the litigation involving Max Moseley. This book reviews each of these cases and explains the current situation regarding UK privacy law. Drawn from the Bar and the Press Complaints Commission, the team of authors is uniquely placed to give an insight into this increasingly complex and important area of law, to provide practical advice for practitioners who represent 'celebrity' clients. For anyone in the public eye whose image and reputation is their biggest commercial asset, they need to be able to protect this reputation and preserve their right to privacy while exploiting their image for commercial gain. When an individual's rights are violated, practitioners are frequently called upon to seek appropriate redress. This book suitably equips the practitioner to represent such clients and includes useful precedent contracts, injunctions, and claim documents on an accompanying CD-ROM.
Author: Huw Beverley-Smith Publisher: Cambridge University Press ISBN: 1139433717 Category : Law Languages : en Pages : 403
Book Description
Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.
Author: Wang Liming Publisher: Taylor & Francis ISBN: 1000607844 Category : Law Languages : en Pages : 177
Book Description
This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.
Author: Hugh C. Hansen Publisher: Juris Publishing, Inc. ISBN: 1578230209 Category : Intellectual property Languages : en Pages : 29
Book Description
This second edition provides a practical guide to Scottish health and safety law, examining the common law rules applying to health and safety in the workplace. It is intended for solicitors, health and safety practitioners, academics, trade union officials and managers
Author: Anne Peters Publisher: Cambridge University Press ISBN: 1107164303 Category : Law Languages : en Pages : 645
Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Author: Ken Oliphant
Author: Ken Oliphant
Author: Gert Brüggemeier
Author: Ken Oliphant
Author: Jennifer Rothman
Author: Robert Deacon
Author: Samuel D. Brandeis, Louis D. Warren
Author: Huw Beverley-Smith
Author: Wang Liming
Author: Hugh C. Hansen
Author: Anne Peters