The Right of Publicity and the Search for Principle
In: A Koltay (ed): Media Freedom and Regulation in the new Media World. Budapest, Wolters Kluwer, 2014 (Forthcoming).
30 Pages Posted: 8 Aug 2014
Date Written: August 6, 2014
‘Publicity’ or ‘image’ rights have traditionally received little specific protection in Irish or English law. Instead, much like the right to privacy, individuals have resorted to a plethora of other torts to remedy infringement of the right. More recently jurisprudence from the ECHR has motivated the Irish legislature to grasp this particular nettle in the form of the Privacy Bill 2012 which creates a statutory tort protecting such rights.
This essay considers how the law should respond to these developments. It examines the underlying justifications traditionally put forward for the recognition of a right of publicity and asserts that appropriate protection can only occur if the right is recognised as a Hegelian property right. The essay concludes by examining the potential for Ireland’s Privacy Bill to achieve the necessary protection for the individual in such circumstances.
Keywords: image rights, publicty rights, right to privacy, property rights
JEL Classification: K13
Suggested Citation: Suggested Citation