Study on the Right of Publicity in U.S. Legal System

• Main Authors: Szu Hung Su, 蘇思鴻
• Other Authors: Po-ching Lee
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/73126860175461781440

碩士 === 世新大學 === 智慧財產權研究所(含碩專班) === 100 === Traditionally, unpermitted commercially use one's name or likeness was viewed as infringement of someone's privacy, regardless of property. But the truth is the infringed do not feel mental distress, they feel an injury to the pocketbook and they can not get the relief. So many discussions erupt, do commercially use someone's identity constitute infringe privacy or property, it really affected the consequences. Until the 1953 Haelan case, Judge Frank mentioned “in addition to and independent of that right of privacy, a man has a right in the publicity value of his photograph, the right to grant the exclusive privilege of publishing his picture. This right might be called a right of publicity. ”Although the court did not clearly call the right as property, the nature of this right is equal to property. After this case, the court and the scholars work together to study, finally recognize it as property. Once recognized as property, it is better than recognized as non-property. Then the U.S. begin to study the scope of this right, how to use it, interact with intellectual property and the balance between the freedom of speech or press and the right of publicity. During the history of the right of publicity, there were many leading cases and comments, this thesis try to do its best to include and make the in-depth analysis. And wish the readers can mainly catch the development of the right of publicity in the U.S.