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发帖数: 10518 | 1 现在好好学习，准备打官司。。反正我牢已经坐了。。。
原告不要高兴得太早吧。。。来日方长。。 | C*********X
发帖数: 10518 | 2 Personality rights are generally considered to consist of two types of
rights: the right of publicity, or to keep one's image and likeness from
being commercially exploited without permission or contractual compensation,
which is similar to the use of a trademark; and the right to privacy, or
the right to be left alone ... | C*********X
发帖数: 10518 | 3 The right of publicity, often called personality rights, is the right of an
individual to control the commercial use of his or her name, image, likeness
, or other unequivocal aspects of one's identity. | C*********X
发帖数: 10518 | 4 Personality rights have developed out of common law concepts of property,
trespass and intentional tort. Thus personality rights are, generally
speaking, judge-made law, though there are jurisdictions where some aspects
of personality rights are statutory. In some jurisdictions, publicity rights
and privacy rights are not clearly distinguished, and the term publicity
right is generally used. In a publicity rights case the issue to decide is
whether a significant section of the public would be misled into believing (
incorrectly) that a commercial arrangement had been concluded between a
plaintiff and a defendant under which the plaintiff agreed to the
advertising involving the image or reputation of a famous person. The
actionable misrepresentation requires a suggestion that the plaintiff has
endorsed or licensed the defendant's products, or somehow can exercise
control over those products. This is done by way of the tort of passing off.
The meaning of the law is best illustrated by principal cases on the subject
. | C*********X
发帖数: 10518 | 5 The right of publicity is a matter of state law. Some states, such as
California, Florida, Kentucky, Massachusetts, Nebraska, Nevada, New York,
Oklahoma, Rhode Island, Tennessee, Texas, Utah, Virginia and Wisconsin have
passed statutes regulating these rights. Other states do not have "right of
publicity" statutes but have established common law rights under caselaw.
Some states have neither a statute or caselaw regarding the right of
publicity. |
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