Commercial Exploitation of the Human Persona in European and French Law

Résumé : Celebrities’ commercial interests seem well – and even very well – protected in United States’ law. One can even wonder if there is not an excess of protection. The previous chapter is entitled: “who needs trademarks when you can have the right of publicity?” The critical scope of this question seduces the Civil Law specialist, who indeed wonders whether United States law has not gone too far in protecting celebrities. The Civil Law specialist is very surprised to learn that, in the United States, a celebrity can control the commercial use of his/her physical postures, of body parts or even of his/her car! Viewed from the other side of the Atlantic, it seems that, in the United States, it is easier to acquire a right of publicity than an intellectual property right.

Type de publication : contribution - Référence : I. Calboli & J. C. Ginsburg (ed.), The Cambridge Handbook of International and Comparative Trademark Law, Cambridge University Press, 2020, p. 365