جستجوی مقالات مرتبط با کلیدواژه « right of publicity » در نشریات گروه « فقه و حقوق »

Nowadays, individuals can gain fame through the media based on their abilities, luck or due to their attribution to other people. The formation of fame for individuals has two inevitable effects and risks: On the one hand, people in society are interested in knowing the details of a famous person's life, and therefore the famous person is exposed to the risk of violation to privacy right. On the other hand, because of prevalence of different types of the media, modern fame has gained commercial value, so that the suppliers use the identity characteristics of a famous person to promote their goods and services to increase their supply. To deal with these two dangers, the legal system uses two solutions: first, by using the general and pre-existing right to privacy, which is rooted in personality rights and human rights, it tries to prevent the violation of the privacy of these people. Second, by inventing a new right as the right of publicity, which is both rooted in property rights and personality rights, it organizes the commercial use of the identity characteristics of celebrities. Financial effects of this right (assignability, waivibility, descendibility, etc) must be adjusted in interaction with personality rights and public order.

Today, social networks play an important role in the development of various occupations. To this end, employers hire employees who are familiar with the field to promote their products in cyberspace by opening an account in these networks. Basically, after the termination of the employment relationship, according to the financial value of the accounts, there is a dispute over various issues, including the issue of the owner of the account. The main question is who is the owner of the account? The laws of different countries, such as Iran and the United States, are neutral on this issue which has added to the complexity of the issue. However, to solve this challenge, various approaches have been proposed by thinkers, which are: Trade secret approach, contract law, intellectual property rights and finally the right of publicity. These approaches have all been developed in the context of American law. In recent years, most cases conflict with the ownership of the account when they refer to the courts. In Iranian legal literature, this issue has been less discussed. According to the Western legal literature, In the present article an attempt is made to examine the issue of ownership of accounts in social networks in a descriptive-analytical manner. In this way, two theories of “will” and then “labor” will be introduced as tools to identify the account holder in the Iranian legal system. In order to determine the main owner of the account, the judge should examine the explicit or implicit will of the employees and employers based on these theories. In the next step, the judge can refer to the custom; and finally, it is possible to determine the owner based on the labor theory; That is, a person who has caused the prosperity of the financial value of the account. Also, if none of the methods help, the last way is to rule on the joint ownership of the disputing parties.

Advertising by celebrities has become one of the most effective techniques for producers, especially wealthy ones, to encourage consumers to buy their products. Celebrities are compensated in return for participating in such advertisements and allowing producers to use their fame for advertising products and services. Furthermore, the right of publicity prevents unauthorized commercial use of their names, likenesses, or other recognizable aspects of their identities. Can the celebrity as well as the producer be held liable if a consumer suffers a loss or damage as a result of using a product in which a celebrity has been featured in the advertisement? To answer this question, this article claims that according to general principles of civil liability of the Iranian legal system (the rule of deception, prohibition of right abuse, and the rule of interest-risk), celebrities are liable when they make an endorsement for a product or service because they induce reasonable reliance for consumers to buy that product or service. It means that they are liable only if relying on their endorsements of products and services, which seems justifiable for a reasonable person.

The economic exploitation of identity attributes, such as name, voice and image have become possible, especially for celebrities, and this consequently leads to the question about different ways of supporting the mentioned identity attributes. This article uses a descriptive, analytical, and comparative method to study this question in the law of the United States and Iran. The results of this study indicate that, based on the experiences of the United States legal system, contractual and non-contractual liabilities and intellectual property rights cannot fully protect such a right. Thus, over half of the United states recognized an independent right as the "publicity right" by law or Common law or both. In Iran, there is no law that expressly recognizes this right, and we can only resort to traditional solutions. Nevertheless, it is worthwhile to take protective provisions in this regard in Iran's law, using US experience in this matter.

Right on voice is one of the rights which protect of person’s voice and sound and prohibit of imitation (sound effects) and sound forgery. Today on the light of increasing developments of communications this right includes some forms and instances which protected by legal systems in different ways. In some of the legal systems, this right has recognized on the basis of personality rights and right to privacy or intellectual property rights. But in others, use of elements of identity by celebrities without permission in order to get benefit, has guaranteed in spite of the personality right and it has led to recognize an independent right as right of publicity which right to voice is an instance of that right. So analyses about position of voice and the question that the right to voice in which legal format will have proper protection consists the aim of this research which after a short analyses about personality right, right of publicity and copyright, we will try to analyses that right. It seems that in legal system of Iran, right to voice is supported on the basis of personality rights and intellectual property rights

Nowadays, images of celebrities are used to advertise goods and services, and this phenomenon is growing. On the one hand, in recent years, celebrities become aware of the value of image and image rights in advertisement world. On the other hand, many agencies and owners of goods and services become aware of the important effect of popularity of celebrities as a tool to boost sales of goods. Therefore, in today’s world, celebrities’ image rights become a valuable asset. There is not a uniform procedure among legal systems in respect of nature of celebritie's image rights. The legal system of the United States has recognized the economic value of image by accepting it as a right of publicity and has been considered it as an economic right. In European countries, France still remains in the framework of right of personality while in legal system of England, image rights is described within right of privacy. By considering the differences in this field, this paper seeks to explain the adopted approaches in legal systems, and analyze the nature of image rights in Iran.