Download or read book Personality Rights and Freedom of Expression written by Jonathan M. Burchell and published by Juta and Company Ltd. This book was released on 1998 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface.
Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.
Download or read book Cross Border Infringement of Personality Rights via the Internet written by Symeon C. Symeonides and published by BRILL. This book was released on 2021-01-11 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conflicts of laws arising from injuries to rights of personality—such as defamation or invasion of privacy—have always been difficult, if only because they implicate conflicting societal values about the rights of freedom of speech and access to information, on the one hand, and protection of reputation and privacy, on the other hand. The ubiquity of the internet has dramatically increased the frequency and intensity of these conflicts. This book explores the ways in which various Western countries have addressed these conflicts, but also advances new, practical ideas about how these conflicts should be resolved. These ideas are part of an international model law unanimously adopted by a Resolution of the Institut de droit international, which addresses jurisdiction, choice of law, and recognition and enforcement of foreign judgments. The book provides extensive article-by-article commentary, which explains the philosophy and intended operation of the Resolution.
Download or read book The Legal Protection of Personality Rights written by Ken Oliphant and published by BRILL. This book was released on 2018-04-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Right of Publicity written by Jennifer Rothman and published by Harvard University Press. This book was released on 2018-05-07 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Personality Rights in European Tort Law written by Gert Brüggemeier and published by Cambridge University Press. This book was released on 2010-04-15 with total page 621 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Universal Declaration of Human Rights written by and published by . This book was released on 1978 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Media and Freedom of Expression written by András Koltay and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.
Download or read book The Norwegian Approach to Protection of Personality Rights written by Bjørnar Borvik and published by . This book was released on 2004 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Invasions of personality rights by the media written by Axel Beater and published by Mohr Siebeck. This book was released on 2005 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: English summary: This volume contains the lectures given at an international conference on the subject of Invasions of Personal Privacy by the Media. The authors deal with the protection of the personality from the media in an analysis of the individual legal systems in the member states of the European Union, discussing this in detail from the perspective of scholarly and legal practice, history of the law, comparative law, conflict of laws and interdisciplinary aspects. The lectures pertain to basic issues in connection with the Caroline decision handed down by the German Federal Constitutional Court and the European Court of Human Rights, they present individual national laws, deal with the development of legal history as well as with general questions, interdisciplinary aspects and questions in regard to conflict of laws. German description: Dieses Buch ist aus der Tagung Verletzungen von Personlichkeitsrechten durch die Medien - Invasions of Personality Rights by the Media hervorgegangen, die im Mai 2004 in Greifswald stattfand. Das Ziel der Tagung war es, die Thematik umfassend in Auseinandersetzung mit den einzelnen Rechten von Mitgliedstaaten der EU zu behandeln und sich ihr gleichermassen aus wissenschaftlicher und praktischer, rechtshistorischer, rechtsvergleichender, kollisionsrechtlicher und interdisziplinarer Sicht zu stellen.
Download or read book The Right to Privacy written by Samuel D. Brandeis, Louis D. Warren and published by BoD – Books on Demand. This book was released on 2018-04-05 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis
Download or read book The Commercial Appropriation of Personality written by Huw Beverley-Smith and published by Cambridge University Press. This book was released on 2002-08-15 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Rights of Personality in Scots Law written by Niall Whitty and published by Edinburgh University Press. This book was released on 2014-02-08 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the law on rights of personality in Scotland compared to other jurisdictionsTaking a comparative perspective, this book explores the trends and issues affecting the law on rights of personality in jurisdictions drawn from the families of common law, civilian law, and mixed legal systems. The main focus is on the private law of personality rights, with due regard paid to the impact of constitutional legislation and other instruments protecting human rights.
Download or read book The Commercial Appropriation of Fame written by David Tan and published by Cambridge University Press. This book was released on 2017-04-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 9.1 A Pragmatic Cultural Framework for Legal Analysis -- 9.2 Concluding Remarks -- Bibliography -- Index
Download or read book The Rights of Publicity and Privacy written by J. Thomas McCarthy and published by . This book was released on 1987 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt: This looseleaf treatise examines the inherent rights of individuals to control the commercial use of their identities. Trademarks, copyrights, false advertising, defamation, infliction of mental distress, interference with contract, licenses, and other aspects of publicity and privacy are discussed in the work.
Download or read book The Short Life and Curious Death of Free Speech in America written by Ellis Cose and published by HarperCollins. This book was released on 2020-09-15 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of Newsweek’s "25 Must-Read Fall Fiction and Nonfiction Books to Escape the Chaos of 2020" The critically acclaimed journalist and bestselling author of The Rage of a Privileged Class explores one of the most essential rights in America—free speech—and reveals how it is crumbling under the combined weight of polarization, technology, money and systematized lying in this concise yet powerful and timely book. Free speech has long been one of American's most revered freedoms. Yet now, more than ever, free speech is reshaping America’s social and political landscape even as it is coming under attack. Bestselling author and critically acclaimed journalist Ellis Cose wades into the debate to reveal how this Constitutional right has been coopted by the wealthy and politically corrupt. It is no coincidence that historically huge disparities in income have occurred at times when moneyed interests increasingly control political dialogue. Over the past four years, Donald Trump’s accusations of “fake news,” the free use of negative language against minority groups, “cancel culture,” and blatant xenophobia have caused Americans to question how far First Amendment protections can—and should—go. Cose offers an eye-opening wholly original examination of the state of free speech in America today, litigating ideas that touch on every American’s life. Social media meant to bring us closer, has become a widespread disseminator of false information keeping people of differing opinions and political parties at odds. The nation—and world—watches in shock as white nationalism rises, race and gender-based violence spreads, and voter suppression widens. The problem, Cose makes clear, is that ordinary individuals have virtually no voice at all. He looks at the danger of hyper-partisanship and how the discriminatory structures that determine representation in the Senate and the electoral college threaten the very concept of democracy. He argues that the safeguards built into the Constitution to protect free speech and democracy have instead become instruments of suppression by an unfairly empowered political minority. But we can take our rights back, he reminds us. Analyzing the experiences of other countries, weaving landmark court cases together with a critical look at contemporary applications, and invoking the lessons of history, including the Great Migration, Cose sheds much-needed light on this cornerstone of American culture and offers a clarion call for activism and change.
Download or read book Human Liberty and Freedom of Speech written by C. Edwin Baker and published by Oxford University Press, USA. This book was released on 1989 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Baker here evaluates the prevalent justifications for freedom of speech and formulates a liberty theory, which he applies to contemporary free speech cases as a means of suggesting possible reforms to free speech doctrine.
