IUS IMAGINUM FROM ANTIQUITY AND BEYOND (INTELLECTUAL PROPERTY THROUGHOUT THE HISTORY OF IMAGE RIGHTS)
IUS IMAGINUM FROM ANTIQUITY AND BEYOND (INTELLECTUAL PROPERTY THROUGHOUT THE HISTORY OF IMAGE RIGHTS)

Summary/Abstract: This article explores the historical and methodological foundations of image and personality rights from antiquity to contemporary European intellectual property law. Focusing on the Roman institution of Ius imaginum (image right), which granted aristocratic families the legal and social privilege to preserve and display ancestral portraits, the study traces how the regulation of intangible value evolved from status-based representation to modern notions of authorship, personality, and reputation. Through comparative analysis, the paper situates ius imaginum alongside German constitutional personality rights, French droit à l’image, United States publicity rights, and European Court of Human Rights protections, highlighting both convergences and divergences in the legal treatment of identity and representation. The article further examines the impact of CJEU jurisprudence, including Infopaq, Painer, and Deckmyn, on the harmonisation of copyright and personality-related rights within the European Union, demonstrating the enduring relevance of systematic Roman legal reasoning for contemporary challenges. By bridging ancient legal history, comparative law, and present EU policy, the study provides a framework for understanding the conceptual architecture of intangible property and its adaptation to modern technological and digital contexts. Ultimately, the paper argues that Roman law’s precision, systematisation, and analogical reasoning offer methodological insights that inform the coherent development of European intellectual property law today.

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