Headwind from Europe: The New Position of the German Courts on Personality Rights after the Judgment of the European Court of Human Rights

German LJ 11 (2010): 527

12 Pages Posted: 1 Mar 2016 Last revised: 2 Aug 2016

See all articles by Corinna Coors

Corinna Coors

University of West London - Ealing Law School

Date Written: February 28, 2010

Abstract

This article illustrates the old and introduces the new German jurisprudence in relation to personality rights. It further examines how the BGH and the BVerfG have reacted to the critics of the ECHR by developing and defining the limits of the graded protected concept (abgestuftes Schutzkonzept) and giving up the absolute figure of contemporary history (absolute Person der Zeitgeschichte). Where necessary for the purpose of a better understanding of German law, a comparative approach to United States law will be provided.

Since the debate about the adoption of a federal right of publicity is continuing in the United States, the recent developments in Germany and Europe might be of particular interest to the American jurist.

Keywords: personality rights, German Federal Court of Justice, Germany, European Court of Human Rights, United States

Suggested Citation

Coors, Corinna, Headwind from Europe: The New Position of the German Courts on Personality Rights after the Judgment of the European Court of Human Rights (February 28, 2010). German LJ 11 (2010): 527. Available at SSRN: https://ssrn.com/abstract=2739317

Corinna Coors (Contact Author)

University of West London - Ealing Law School ( email )

St Mary's Road
London, W5 5RF
United Kingdom

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