Libres caminos de la ficción. Libertad de expresión y prohibiciones en la publicidad cinematográfica y de vehículos a motor (Free Ways of Fiction: Freedom of Speech and Bans on Film Advertising and Motor Vehicles)
49 Pages Posted: 9 Feb 2013 Last revised: 25 Aug 2014
Date Written: January 2013
The main goal of this paper is to provide decision elements to ascertain, according to Spanish law, how many of the frames that are comprised in a fictional film can be freely used in commercial advertising and promotions. In particular, our analysis focuses on those movie frames showing behaviors that violate traffic safety rules, as for instance the failure to use adequate helmets by motorcycle drivers and passengers (art. 118.1.I Traffic General Regulations), and its relation with article 52 of the Spanish Road Traffic Act, which bans advertising related to motor vehicles that may incite or induce behaviors against traffic regulations.
We uphold that article 52 LsTr is not applicable to the advertising of fictional works in cases in which either from a cause-in-fact point of view or from a proximate causation standpoint it cannot be reasonably inferred that the commercial speech’s content may have incited illegal motor vehicle driving conducts.
Note: Downloadable document is in Spanish.
Keywords: Advertising, Motor Vehicles, Film Fiction, Freedom of Speech, Causation, Cause of Fact, Scope of Liability, Proximate Causation, Article 52 Spanish Road Traffic Act
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