The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition. This analysis will be useful for lawyers in legal systems which have yet to develop a sophisticated level of protection for interests in personality. Equally, lawyers in systems which provide a higher level of protection will benefit from the comparative insights into determining the nature and scope of intellectual property rights in personality, particularly questions relating to assignment, licensing, and post-mortem protection.
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.
Writing Welsh History is the first book to explore how the history of Wales and the Welsh has been written over the past fifteen hundred years. By analysing and contextualizing a wide range of historical writing, from Gildas in the sixth century to recent global approaches, it opens new perspectives both on the history of Wales and on understandings of Wales and the Welsh - and thus on the use of the past to articulate national and other identities. The study's broad chronological scope serves to highlight important continuities in interpretations of Welsh history. One enduring preoccupation is Wales's place in Britain. Down to the twentieth century it was widely held that the Welsh were an ancient people descended from the original inhabitants of Britain whose history in its fullest sense ended with Edward I's conquest of Wales in 1282-4, their history thereafter being regarded as an attenuated appendix. However, Huw Pryce shows that such master narratives, based on medieval sources and focused primarily on the period down to 1282, were part of a much larger and more varied historiographical landscape. Over the past century the thematic and chronological range of Welsh history writing has expanded significantly, notably in the unprecedented attention given to the modern period, reflecting broader trends in an increasingly internationalized historical profession as well as the influence of social, economic, and political developments in Wales and elsewhere.
This is the first intellectual biography of John Edward Lloyd (1861–1947), widely regarded as the founder of the modern academic study of Welsh history. Indeed, the compliment that pleased him most was that he had ‘created Welsh history’. Published to mark the centenary of Lloyd’s most important book, A History of Wales from the Earliest Times to the Edwardian Conquest (1911), the study reassesses Lloyd’s significance by setting his work in its multiple contexts. Part One gives an account of his life, with particular emphasis on his upbringing, education and subsequent career as a historian, viewed against the background both of efforts to give expression to Welsh nationhood through educational institutions and of wider developments in the professionalization of historical scholarship. In Part Two the focus shifts from the biographical to the thematic and examines why Lloyd privileged the early and medieval Welsh past and how he depicted this in his 1911 History. These chapters investigate key themes in Lloyd’s interpretation with reference not only to previous accounts of Welsh history but also to the broader intellectual and scholarly context of his own time. Through its reappraisal of Lloyd the book provides a case study of how the past of a small, stateless nation was reconfigured, at a time of self-conscious national revival, through deploying modern canons of scholarship that served to legitimize a new narrative of national origins. It thus offers a fresh and distinctive perspective on issues of broad significance in modern European historiography and intellectual history.
The protection of privacy and personality is one of the most fascinating issues confronting any legal system. This book provides a detailed comparative analysis of the laws relating to commercial exploitation of personality in France, Germany, the United Kingdom and the United States. It examines the difficulties in reconciling privacy and personality with intellectual property rights in an individual's identity and in balancing such rights with the competing interests of freedom of expression and freedom of competition.
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.
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