The legal protection of 'persona' : a comparative study

Abstract

The objective of this study is to provide a broad overview of the theory and practice surrounding unauthorised image exploitation through analogue photography. Where a photograph is taken by one individual of another and used without the latter's consent, image right claims inevitably arise. The subject may feel aggrieved by the unconsented use of his image not merely from a privacy dimension, but alternatively from a commercial standpoint. Chapter One consequently, outlines this twin element which is characteristic of the right to one's image, in an attempt to introduce the idea behind this thesis. Chapter Two subsequently considers the roles of the right of privacy and data protection towards image right claims concerning unauthorised publication of photography, from both a legal and academic angle. Following this appraisal, Chapter Three delves into the proprietary interests that may attach to one's image and identity. The argument in this regard is therefore based exclusively on the financial control an individual may exert over his image, rather than any aspect of dignity.