Identification of civil liability for violation of the right to reputation In Iranian and English law

Document Type : Original Article

Authors

1 Private Law, Islamic Azad University, Central Tehran Branch, Tehran, Iran

2 Department of Private Law, Islamic Azad University, central Tehran Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Islamic Azad University, Central Tehran Branch, Tehran, Iran

10.52547/jlr.2023.228475.2291

Abstract

Investors, industrial owners, factories and service companies use the name, image and voice of famous faces or celebrities to advertise their goods and services. Such a situation in the use of fame can lead to huge incomes for the owners of fame. The right to reputation emanating from voice, image or personality is a legitimate right that people have to control the commercial use of their identity and it has two positive and negative dimensions. Its negative dimension seems to focus on privacy features and personality rights, while its material dimension considers mostly the commercial aspects of its use. In many cases, benefiting from the fame of famous personalities without their consent for economic and commercial purposes has led to dissatisfaction and legal claims. The development of legal and legal protections for the right of fame under intellectual property rights has the ability to support the rights of the owners of fame. The countries following the common law have protected the right to fame by using the general principles governing intellectual property and modern legal institutions, but in Iran's legal system, due to the lack of minimum provisions regarding this right, the existing judicial procedure is insufficient and Efficiency is necessary to deal with the violation of the right to reputation.

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Articles in Press, Accepted Manuscript
Available Online from 08 February 2023
  • Receive Date: 27 August 2022
  • Revise Date: 22 April 2024
  • Accept Date: 08 February 2023