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