Journal of Information and Communication Research
Online ISSN : 2186-3083
Print ISSN : 0289-4513
ISSN-L : 0289-4513
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Conflict of Laws around the Right of Publicity
Kunifumi SAITO
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2014 Volume 32 Issue 2 Pages 83-92

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Abstract
Under the Act on General Rules for Application of Laws, there is a question in controversy over the Right of Publicity. This article explores case law and scholarly works in some domains including copyright and privacy and argues the following interpretation of the Right of Publicity in the Act. First, the scope of the Article 19 of the Act should be limited to moral rights, which stem from human dignity. Second, the Right of Publicity should be characterized as a kind of protection against unfair competition under the Act. Third, in Right of Publicity infringement cases, the governing law for both injunction and damage claims should be decided by the Article 17 or 20 of the Act.
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© 2014 JSICR
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