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Topic: Personality rights

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	Building Cathedrals (Site not responding. Last check: 2007-11-07)
		Rights may be classified either as perfect or imperfect, depending upon their clarity and determination as opposed to one that is vague and unfixed.
		In constitutional law, rights are either natural, civil or political: Natural rights come from the nature of man and depend on personality; civil rights are those rights that belong to all the members of a state or country; political rights are those rights allowing people to participate in the formation and administration of government.
		Exercising of these rights requires the members of society to yield some of their rights to insure other rights may exist for the whole, that is for the welfare of the society.
	www.angelfire.com /wa2/buildingcathedrals/rights.html (448 words)

	Personalized Pillowcase (Site not responding. Last check: 2007-11-07)
		Persons in grammar (general enumeration) reveal a lot about man's basic conception of the world, with him being the first, another one to look at or to address his words to, and the rest of the wide world (third person singular and plural).
		Personality rights are generally considered to consist of two types of rights: the right to privacy, or to keep one's image and likeness from being exploited without permission or contractual compensation, and the right to publicity use of one's identity, which is similar to the use of a trademark.
		In a publicity rights case the issue to decide is whether a significant section of the public would be misled into believing (incorrectly) that a commercial arrangement had been concluded between a plaintiff and a defendant under which the plaintiff agreed to the advertising involving the image or reputation of a famous person.
	www.wwwtln.com /finance/144/personalized-pillowcase.html (1581 words)

	Privacy and Publicity Rights
		While copyright protects the copyright holder's property rights in the work or intellectual creation, privacy and publicity rights protect the interests of the person(s) who may be the subject(s) of the work or intellectual creation.
		The privacy right or interest of the subject is personal in character, that the subject and his/her likeness not be cast before the public eye without his/her consent, the right to be left alone.
		The publicity right of the subject is that their image may not be commercially exploited without his/her consent and potentially compensation.
	memory.loc.gov /ammem/copothr.html (651 words)

	Hendricks & Lewis
		A right of publicity is the right of each person to control the commercial use of his or her identity and persona, such as name, voice, signature, photograph and likeness.
		Violation of this right, which was adopted by the Restatement (Second) of Torts, is frequently called the tort of "appropriation." This tort is generally thought to be the principal antecedent of the right of publicity.
		A proposal to recognize and protect personality rights in Washington was drafted and debated by the executive committee of the Intellectual and Industrial Property Section of the Washington State Bar Association in late 1995, and unanimously forwarded to the Board of Governors where it was approved over one dissent in late 1996.
	www.hllaw.com /a_personality.html (1364 words)

	Obscure Intellectual Property Rights
		Personality rights are also protected by the tort of defamation which provides remedies for damage against one's reputation.
		It is clear that consent to the use of one's personality is a bar to the tort of appropriation of personality.
		Personality rights are not subject to a registration system and the extent of personality rights have not been well defined by courts.
	www.dww.com /articles/obscureiprts.htm (5899 words)

	Intellectual Property Guide: Rights of Publicity (Site not responding. Last check: 2007-11-07)
		Personality Rights is an area of intellectual property that has gained most attention in the US for protection of pop culture idols such as Elvis Presley and that poses interesting challenges for internet publishing.
		Every individual or personality, as the case may be, has a property right in the use of his or her name, voice, signature, photograph, or likeness, and such right shall be freely transferable, assignable, and licensable, in whole or in part...
		The right exists whether or not it was commercially exploited by the individual or the personality during the individual's or the personality's lifetime.
	www.caslon.com.au /ipguide24.htm (1843 words)

	Rights and Wrongs About Rights (Site not responding. Last check: 2007-11-07)
		One of the dubious achievements of American legal philosophers and academicians concerned with "rights" is to have emptied jurisprudence of the element of prudence.
		This tendency to exaggerate property rights is traced by Professor Glendon to what she calls "the property paradigm" of John Locke.
		But it is her assault on the right to property that is perhaps the most misguided of Glendon's stratagems, since it undermines her own quest to restore the idea of responsibility.
	www.firstthings.com /ftissues/ft9202/opinion/licht.html (3398 words)

	Hendricks & Lewis
		The right of publicity is the right of an individual to protect his or her name, likeness, image, signature, photograph, voice and other distinctive characteristics from non-authorized commercial use by others, and is akin to the right of privacy.
		This position is consistent with considering the right of publicity as a type of privacy right that is personal and therefore expires at death.
		To determine whether a use of a person’s identity is privileged under the First Amendment, the courts generally apply a balancing test to the specific facts, weighing the competing interests of the person’s right of publicity with the public’s right to be informed.
	www.hllaw.com /a_rightofpub.html (8138 words)

	Human Dignity and the Commercial Appropriation of Personality
		Personality merchandising, also, is perceived as an exclusive right of the person depicted.
		Even limited newsworthiness wins over most severe privacy interests: for example, a person staying at the same mental institution as a woman whose daughter was killed in strange circumstances could be portrayed without her authorisation.
		Yet, famous persons, in general, are not active in the trade of products; all they do is to market their reputation or to sell it in advertising.
	www.law.ed.ac.uk /ahrb/script-ed/docs/personality.asp (11717 words)

	CAA News (Site not responding. Last check: 2007-11-07)
		Rights granted under VARA are personal to artists and must be enforced by the creators themselves: they cannot be transferred by assignment or license.
		Under VARA, the artist’s rights to prevent destruction or mutilation of his or her artworks lapse upon death, and are not inherited by heirs or an estate.
		Of the constellation of moral rights applicable in other countries, VARA affirms only the rights of integrity (the right to the continued physical integrity of the work after sale) and attribution (the right of the artist to have his or her name associated with his or her work, and only his or her work).
	www.collegeart.org /caa/news/2004/May/CIPcommittee.html (1340 words)

	D@dalos education server - Human Rights: Basic course 3
		Personality rights are firmly at the centre of human rights and they can be found in all human rights documents and lists.
		Basic rights were introduced to protect the citizen against encroachment by the state and formed a central component in the prevailing school of thought around liberalism.
		Basic rights are rights guaranteed to citizens by the state and are contained in a state's constitution.
	www.dadalos.org /int/Menschenrechte/Grundkurs_MR3/grundk_3.htm (1984 words)

	Hughes, Philosophy of IP
		The individual person comes to be manifested in some object through "occupation" and "embodiment." n188 Although much of Hegel's language seems to support either a "first possession" theory or a labor theory, neither accurately captures what he means by occupation.
		Justice Holmes aptly characterized such works as "the personal reaction of an individual upon nature." n216 Another receptacle for personality is the legal concept of an individual's "persona." The "persona" is an individual's public image, including his physical features, mannerisms, and history.
		This paradox of personality and alienation is more acute with intellectual property because, in the absence of any physically tangible res (other than the copy, which is not itself the entirety of the property) that is distinct from the creator's personality, it is difficult to conceive of abandonment.
	cyber.law.harvard.edu /IPCoop/88hugh2.html (8538 words)

	Miss M II (Site not responding. Last check: 2007-11-07)
		Hadley's inability to imagine a structure of legal rights in which the right to privacy included, but was not limited to, property rights in a person's identity, found echoes in some of the early court decisions which considered the right to privacy.
		In each of these rights, as indeed in all other rights recognized by the law, there inheres the quality of being owned or possessed--and (as that is the distinguishing attribute of property) there may be some propriety in speaking of those rights as property.
		The privacy- related property rights in personality vindicated by Marion Manola and Bette Midler are interesting examples of property rights accorded legal protection in part because of the intrinsic value of the persons who hold the rights.
	www.scu.edu /law/FacWebPage/Glancy/html/miss_m_ii.html (5893 words)

	fisher
		Private property rights, argue personality theorists, should be recognized when (and only when) they would promote human flourishing by protecting or fostering fundamental human needs or interests.
		a person to assert his or her will and to be recognized as a free agent by others.
		To the extent that intellectual-property rights have economic value and may be bought and sold, gained and lost, they may contribute to their owners' abilities to avoid guilt, become autonomous, engage in independent political action, etc.
	cyber.law.harvard.edu /property99/respect/fisher.html (1054 words)

	Relating to personality rights; creating new provisions; and amending ORS 646.608.
		If the individual dies intestate, the right passes as provided in ORS 112.025 to 112.055.
		The right expires 75 years after the death of the individual.
		(x) Sells or supplies mercury fever thermometers unless the thermometer is required by federal law, or is: (A) Prescribed by a person licensed under ORS chapter 677; and (B) Supplied with instructions on the careful handling of the thermometer to avoid breakage and on the proper cleanup of mercury should breakage occur.
	www.leg.state.or.us /03reg/measures/hb2500.dir/hb2543.intro.html (2086 words)

	Personality Rights in the New Portuguese Labour Code (Site not responding. Last check: 2007-11-07)
		From among the innovations brought by the Labour Code, noteworthy is the express recognition of what are known as “personality rights” set forth in Articles 15 to 21 of the Code.
		To be considered, however, is that our legal system has long acknowledged the existence of this category of rights, which characteristically encompass the vital aspects of human personality and are acquired at birth and, as such, classifies such rights as universal.
		In the Labour Code, the legislator chose to devote particular attention to freedom of expression and opinion, respect for the intimacy of private life, personal data protection and preservation of physical and moral integrity.
	www.hg.org /articles/article_207.html (139 words)

	2003 House Bill 1580 - Washington Votes
		Introduced by Rep. Patricia Lantz on January 30, 2003, to add that a parent of a minor child may exercise authority of a deceased person’s rights (e.g., name, voice, signature, photograph, likeness) under the Personality Rights Act.
		Passed in the House (94 to 0) on March 12, 2003, regarding personality rights.
		Passed in the House (93 to 0) on February 11, 2004, regarding personality rights.
	www.washingtonvotes.org /2004-HB-1580 (351 words)

	Essays on the Developing Law of Human Rights
		Some human rights issues of legal and also of political significance, including the protection of human rights pending the settlement of related political issues, are also examined.
		There is an emphasis on novel or debatable aspects which have hitherto been insufficiently explored, such as the scope of civil servants' freedom of speech, the expulsion of settlers from occupied territories, and whether the test of state responsibility for violations of human rights is objective or subjective.
		Most of the topics are examined in the context of the European Convention on Human Rights and, where relevant, reference is made to U.S. Supreme Court case law and international law.
	www.brill.nl /product.asp?ID=19185 (288 words)

	Veer: Ideas: Personality
		Veer gets personal this month, with six portraits built by our creative team.
		Because sometimes it takes a fiction to demonstrate a truth: a person is more than his or her surroundings and passions.
		Give your designs a distinctive personality with visual elements from Veer.
	www.veer.com /ideas/personality (105 words)

	Typefocus: personality type applications/career development/succession planning
		Before using the TypeFocus Personality Profile, there are three things to keep in mind:
		Your results will be in the form of four preferences and you can accept the results or change them to fit.
		After you have confirmed your results, your Personality Profile will be displayed.
	typefocus.com /s_complimentary.html (118 words)

	beSpacific: New Digital Law and Technology Journal
		From the AHRB Research Centre for Studies in Intellectual Property and Technology Law based in the School of Law at the University of Edinburgh, a new web-journal, SCRIPT-ed, which "will offer articles of up to 10,000 words in length containing detailed comment and analysis on the law/technology interface." [Link from Marcus Zillman]
		From the first issue: Property, Privacy and Personality Research Stream - Comparative Aspects of Personality Rights: Research Project and Case Studies
		See also the associated Personality Database that addresses personality rights and laws in Australia, France, Germany, the United Kingdom and the United States.
	www.bespacific.com /mt/archives/005247.html (106 words)

	BBC- One Life - Work - Rights - Sticky: Personality Clashes
		If someone is winding you up, think about how you've developed negative behaviour patterns and what you can do to stop them.
		Try and understand the person as a whole, not just the personality they display at work.
		See the Further Information - General section for useful links and contact details.
	www.bbc.co.uk /radio1/onelife/work/rights/sticky_clash.shtml (402 words)

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