The Commercial Appropriation of Personality

An analysis of the problem of commercial appropriation and the case for a remedy.

Beverley-Smith provides analyses of the disparate aspects of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. He also considers whether a coherent justification for a remedy may be identified from a range of competing theories.Commercial exploitation of attributes of an individual's personality, such as name, voice and likeness, forms a mainstay of modern advertising and marketing. Such indicia also represent an important aspect of an individual's dignity which is often offended by unauthorized commercial appropriation. This volume provides a framework for analysing the disparate aspects of the problem of commercial appropriation of personality and traces, in detail, the discrete patterns of development in the major common law systems. It also considers whether a coherent justification for a remedy may be identified from a range of competing theories. The considerable variation in substantive legal protection reflects more fundamental differences in the law's responsiveness to commercial practices and different attitudes towards the proper scope and limits of intangible property rights.