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Personality as Property - The Right of Publicity

Maria Emm. Pertselaki,

Attorney at law, PhD

Abstract: This book tends to estimate the legal concept of personality’s unauthor-

ized commercial exploitation, according to the Greek Law, the European Law, as

well as the US Law. It was studied the domestic law (article 57 of Civil Code),

which faces the attributes of human personality as non-property. In opposition,

USA State Statutes show a different option of personality, protected with the

Right of Publicity, a modern property right, in order to protect pecuniary inter-

ests of the personality holder. It is ascertained great opposition between civil

law jurisdictions and common law jurisdictions with the main difference in the

type of damages. It is approached in the book the meaning of personality, the

protected attributes, the type of infringements, the conveyance of the right, the

postmortem protection, the relevance with other rights, the monetary damages

and the remedies. From a general view it is concluded that that the legal world

has begun to adjust to the new era, in which the financial aspect of personality is

real. Greek law has to change radically and adopt a different and more friendly

-to the holder- protection, focused on property attitude.

ISBN 978-960-562-490-3

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