Business / Commercial Law

Privacy and Personality Rights: Commercial Exploitation and Protection

Edited by Robert Deacon · Nigel Lipton · Professor Robert Pinker
LexisNexis U.K. February 2010

Specifications

ISBN-13
9781846611865
Publisher
LexisNexis U.K.
Publication
February 2010
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book draws together the different strands of law in areas including, privacy and the Press Complaints Commission, defamation, sponsorship and merchandising.


‘…a comprehensive guide to all of the many, often complex legal issues regarding famous people’s relationship and dealings with the media ... loss of privacy, harassment and media intrusion are particularly dealt with in the book and are recurring themes for those dealing with celebrities. To my knowledge this is the first book of its kind that deals specifically with this growing area of law and it will be a real help to many of us dealing and involved with the ever-increasing world of celebrity culture.’ 
Taken from the Foreword by Max Clifford
This book covers the law in relation to privacy, reputation and commercial exploitation of image relating to celebrities and the regulatory role of the Press Complaints Commission in controlling media intrusion. It provides guidance on initiating claims and applying for injunctions with coverage of case law including Campbell v Mirror Group Newspapers, the Max Mosley case and the Hon Mr Justice Tugendhat’s observations on super injunctions in LNS v Persons Unknown. There is also a substantial section on exploiting rights including copyright, rights in performance, sponsorship, merchandising, endorsement and publishing. Also included for reference are precedent letters, particulars of claim and the PCC Editors’ Code of Practice and Making a Complaint.
• What is a celebrity?
• What is a right to privacy?
• Is there an image right?
• How is the celebrity persona/image protected?
• Exploiting the image
• Non contractual claims/matters
• Privacy
• Image rights
• Harassment
• Press Complaints Commission
• Remedies
• Defamation
• Injunctions
• Contractual matters
• Management agreement
• Publishing contracts
• Sponsorship
• Endorsement contracts
• Merchandising
• Recording

Written by a barrister, a solicitor and an International Consultant at the Press Complaints
Commission this book is of particular relevance to celebrities and those advising them.

Table of Contents

Introduction - Celebrities and the Media From Dignitaries to Celebrities  
The Press Complaints Commission
  • The Press Complaints Commission - What it is and What it Does
  • Press Self-regulation and the Law since 2000
  • The Development of Press Self-regulation in the United Kingdom
  • The Development of Press Self-regulation in Europe
  • Complaints under Clause 3(i) and (ii) (Privacy)
  • Complaints under Clause 4 (Harassment)
  • Complaints under Clause 5 (Intrusion into Grief or Shock)
  • Complaints under Clauses 6 (Children) and 7 (Children in Sex Cases)
  • Complaints under Clauses 8 (Hospitals), 9 (Reporting Crime) and 10 (Clandestine Devices and Subterfuge) 
Privacy Law
  • Privacy Law: An Introductory Summary
  • Protecting Confidential and Private Information from Unauthorised Disclosure
  • Particular Instances of Protection Given to Confidential and Private Information 
Related Forms of Protection
  • Defamation
  • Harassment
  • Libel and the Internet 
Bringing Proceedings
  • Initiating Privacy, Defamation and Harassment Claims
  • Applying for an Injunction in Privacy and Defamation Cases 
Individual Personal Rights
  • Copyright
  • Moral Rights
  • Rights in Performances
  • Performers' Rights and Infringement of a Performer's Rights
  • Performers' Moral Rights 
Exploiting Individual Rights
  • Celebrity Personality and Image
  • The Commercial Exploitation of a Celebrity's Image
  • Sponsorship Agreement
  • Merchandising Agreement
  • Endorsement Agreement
  • Publishing Agreement
  • Management Agreement
  • Recording Agreement 
Precedents 
  • Guidance and Sample Precedents for Initiating Privacy, Harassment and Defamation Claims 
Appendices
  • PCC Editors' Code of Practice
  • Making a Complaint
  • Dealing with the media
  • Useful Addresses
  • Statutes
    • Defamation Act 1952
    • Defamation Act 1996
    • Human Rights Act 1998
    • Protection from Harassment Act 1997

About the Author

Robert Deacon, Barrister, 11 Stone Buildings
Nigel Lipton, Solicitor, Proprietor, London Legal Training
Robert Pinker, Emeritus Professor of Social Administration, London School of Economics and International Consultant at the Press Complaints Commission

Reviews

"A well researched and well-written book and I commend it to anyone involved in protecting and commercially exploiting the images/personality rights of all kinds of celebrities, including, of course sports personalities"
Professor Ian Blackshaw, International Sports Lawyer 
"the book cannot fail to become acknowledged as the most authoritative reference available in those aspects of the law which relate to privacy, reputation, image and commercial exploitation of celebrities... its scholarship and topicality (as at January 2010) will certainly place it high on the ‘must purchase' list for all practitioners in this often complex, conspicuous and high profile area of law"
Richmond Green Chambers
 "This no-frills practitioner text is a welcome addition to writing on this area...the text is up-to-date and easy to follow...this is a solid work which should find a place on practitioners' shelves"
Communications Law
"This practitioners' text is a welcome addition to a significant and growing body of literature. The book's unique feature is the combination of the expertise of three distinguished authors, and its coverage both of the substantive legal causes of action and also the press regulatory regime. There is a detailed analysis of the PCC decisions under various aspects of the Code of Practice, ranging from claims for invasion of privacy, harassment, intrusion into grief or shock and the use of clandestine devices and subterfuge. There is an equally thorough analysis of the case law....."
"The practical guidance and combined weight of experience of the authors is likely to be in continuing demand."
Entertainment Law Review
"A practical guide to the drafting and protection of commercial agreements in the uk. It is the first book on the market to draw together the different strands of the law, including privacy , defamation, broadcasting rights, sponsorship, and merchandising. Analysis of the law is supplemented with precedent contractual agreements and injunctions enabling practitioners to respond quickly to their clients' needs."
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