نوع مقاله : مقاله علمی - پژوهشی
نویسنده
استادیار گروه حقوق خصوصی و اسلامی دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
People are entitled to their images in a sense that they can decide on whether or not they want to be pictured by others, as well as the publication of the taken pictures from them. Therefore, for the purpose of imaging or publishing a photo, the person's consent must be obtained. However, this right is not absolute.People have the right to become aware of events around them. So, if with an intention of publishing information, an image was taken from other people and it published, then there will be no need to obtain the consent of those persons. For this reason, various legal systems permit the imaging of celebrities or public places.In general, where there is intention as to inform other people, it is permitted to take photo witout attaining their consents. However, in such cases, individuals' privacy and dignity must be respected. Also, no one can use another one’s image for commercial purposes. In the legal system of iIan, it seems that due to the freedom of the press (principle 24 of the constitution),the importance of public interests and the preference for private interests, the same belief is acceptable.
کلیدواژهها [English]
الف) فارسی
ب) خارجی
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Gervais, daniel; martin l. Holmes, (2014), “fame, property, and identity: the scope and purpose of the right of publicity”, fordham intell. Prop. Media & ent. L.j., vol81.
Koo, andrew, (2006), “right of publicity: the right of publicity fair use doctrine - adopting a better standard”, buff. Intell. Prop. L.j., no.4.
Stapleton, laura lee (1999), “the professional athlete's right of publicity”, marquette sports law review, volume 10, issue 1.