Right to image versus right over the image of goods Cover Image
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Dreptul la imagine versus dreptul asupra imaginii bunurilor
Right to image versus right over the image of goods

Author(s): Oana-Nicoleta Retea
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: image; goods; one’s person right to image; intellectual property; use; property right; private life.

Summary/Abstract: If any person can admire his own image without any restriction, then anyone is free to fix his/her image by reproduction in different forms (self-portrait, autosculpture, etc.) and finally the image can be exploited by reproduction (here by the question of whom belongs the product of the image, how it can be exploited, who owns the good in the image, how to exploit its image). The central point of the work is the exploitation of the image of persons and goods. We will try to find out what is the legal basis of image protection depending on its subject. In this way, a leap forward will be made in the legal regulation of the right to image followed by a doctrinal and jurisprudential approach to the law that is invoked to protect the image of the goods. We will also try to capture the need for a distinct right to protect the image of goods by correlating it with the mechanism of regulating the right to image of the individual.

  • Issue Year: 2018
  • Issue No: 11
  • Page Range: 109-135
  • Page Count: 27
  • Language: Romanian