Private Law
Abbas Mirshekari
Abstract
The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, ...
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The individualization of criminal writ petitions in the international arena, such the use of celebrities’ identities in commercial advertising has increased nowadays. Legal systems have also tried to protect the rights of these individuals from being used without their permission. For example, according to the United States of America’s law, right of pre-emption is recognized. Publicity Right means that exploitation of another personality with his permission. Although the scope of this right includes both celebrities and ordinary people, but it is claimed mainly by famous people to fence their interests. Although there is no doubt about this right but there are disagreements over its realm: “Can an exception be made for this right or, any possible use of another personality is subject to the permission of the person?” In American law, full implementation of this right is known as a violation of freedom of expression. For this reason, this right has been modified and, in particular, its boundaries have been defined by freedom of expression. The most important challenge in this direction is determining the criteria for distinguishing the realm of the right. Various criteria are presented for this purpose. The most important criterion is the theory of fair use. Accordingly, if a person changes the identity of a celebrity and transform it into another form or, if the intention of the individual is to disseminate information about a famous person, his action will be justified. In fact, in these two cases, the right of publicity will be sacrificed at the expense of more important value: freedom of speech. In this article, we are trying to provide suggestions for the Iranian legal system by studying the USA legal system.
Private Law
Ebrahim Rahbari; Hassan Lajmorak
Abstract
Sport publicity or image right is a right by which athlete finds exclusive right in exploiting his publicity, image, personality and identity and can grant others the permission to use them and on the other hand, prevent the unauthorized use of this right by others. Having regarded the approaches of ...
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Sport publicity or image right is a right by which athlete finds exclusive right in exploiting his publicity, image, personality and identity and can grant others the permission to use them and on the other hand, prevent the unauthorized use of this right by others. Having regarded the approaches of leading legal systems in such field, this article analyses the process of formation and recognition of this right for athletes and examines the reasons for its existence and its justifications and solutions against who infringe this legal right. In some legal systems, image right has been recognized as an independent right and commercial value attached to the identity of athletes, regarding some exceptions, is legally under protection. Registration of images as trademarks, exploiting the potentials of passing off actions and trade secrets system as well as dilutions actions, help athletes supporting their rights in such field. Although In Iranian law the existence of some obscure regulations beside some general rules such as the necessity of protection the rights relating to the personality and civil responsibilities may solve some problems but the results of this paper indicate the ambiguity and in efficiency of Iranian's existing regulations and legal literature regarding the effective protection of athletes' rights to their publicity and images, which necessitate employing the established rules in this domain in order to fill the gaps and correct the legal deficiencies.