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
Date Written: February 28, 2010
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
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