Conflict of Laws around the Right of Publicity

DOI Web Site

Bibliographic Information

Other Title
  • パブリシティ権侵害の準拠法
  • パブリシティケン シンガイ ノ ジュンキョホウ

Search this article

Abstract

Under the Act on General Rules for Application of Laws, there is a question in controversy over the Right of Publicity. This article explores case law and scholarly works in some domains including copyright and privacy and argues the following interpretation of the Right of Publicity in the Act. First, the scope of the Article 19 of the Act should be limited to moral rights, which stem from human dignity. Second, the Right of Publicity should be characterized as a kind of protection against unfair competition under the Act. Third, in Right of Publicity infringement cases, the governing law for both injunction and damage claims should be decided by the Article 17 or 20 of the Act.

Journal

Details 詳細情報について

Report a problem

Back to top