نوع مقاله : علمی- پژوهشی
نویسندگان
1 استادیار، گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
2 دانشجوی دکترای حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه تهران، تهران، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
Every person can prevent the unauthorized appropriation of his or her name, likeness or other aspects of persona. Today, this right which is called right of publicity, has found commercial value and monetary function in all societies. Therefore, at first glance, it may seem that we must regard this right as an assignable, descendible and waivible right, just like other properties. However, this right is also related to different aspects of personality, and as well as property, right of publicity is essentially a personality right which has none of the characteristics mentioned above. Furthermore, right of publicity is used to influence consumers in advertisements. Therefore, the legal prerogatives we take into account for celebrities must not make it possible to induce people and give them false information about products and services, which are advertised by them. In other words, in legal deliberation of this right, we must take public order and personality rights into mind as well as its monetary function. This article will seek a way to modify proprietary aspects of right of publicity with respect to personality and public order.
کلیدواژه‌ها [English]
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