Volume 6, Issue 2 (3-2025)
مطالعات فقه و حقوق رسانه 2025, 6(2): 37-63 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Mirshekari A, Maleki N. Examining the relationship between property right and personality right; From Contradiction to Integration. مطالعات فقه و حقوق رسانه 2025; 6 (2) : 2
URL: http://journal.refah.ac.ir/article-1-139-en.html
URL: http://journal.refah.ac.ir/article-1-139-en.html
1- University of Tehran
Abstract: (30 Views)
Social fact has the power to evolve legal concepts and rules in the history of law. one of these facts is the media and its influence on the social life. The media has not only led to the creation of new legal concepts such as the right to privacy and the right of publicity, but also has changed legal concepts and definitions which were established before. One of the important boundaries and legal classifications in private law is the separation of personality rights from property rights. In the mainstream legal view, personality rights are defined as rights that only protect the human person, rather than financial interests. Legal theorists have also set the legal effects of personality rights based on this conflict between personality and property and have come to the conclusion that personality rights are inalienable. However, with the formation of intellectual property rights and then the right of publicity, which emphasizes the commercial use of an individual's personality characteristics, the separation between property rights and personality rights has been challenged, and these two types of rights have become intertwined. As a result, in intellectual property rights and the right of publicity, the traditionally perceived conflict between property and personality has led to interaction and even integration.
Article number: 2
Type of Study: Research |
Subject:
Special
Received: 2025/01/5 | Accepted: 2025/02/1 | Published: 2025/05/26
Received: 2025/01/5 | Accepted: 2025/02/1 | Published: 2025/05/26
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
