Personality rights , sometimes referred to as the right of publicity , are rights for an individual to control the commercial use of their identity, such as name, image, likeness, or other unequivocal identifiers. They are generally considered as property rights , rather than personal rights , and so the validity of personality rights of publicity may survive the death of the individual to varying degrees, depending on the jurisdiction.
66-481: [REDACTED] Look up corbis in Wiktionary, the free dictionary. Corbis may refer to: Corbis Corporation , an American advertising and licensing company, later renamed Branded Entertainment Network Corbis , a synonym for the bivalve genus Fimbria Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with
132-434: A false light; and 4) appropriation of name and likeness. If looking at it through the prism of Prosser's four torts, violation of a right of publicity most closely aligns with appropriation. The right of publicity often is manifest in advertising or merchandise. In states without a specific right of publicity statute, the right of publicity is usually recognized via common law. The right of publicity has evolved rapidly, with
198-572: A history of reported cases in the United States and worldwide. The right of publicity is defined as the right of all individuals to control commercial use of their names, images, likenesses, or other identifying aspects of identity. In certain contexts, the right of publicity is limited (under U.S. law) by the First Amendment . The right of publicity can be referred to as publicity rights or even personality rights . The term "right of publicity"
264-414: A national level, the U.S. Supreme Court held in the 1977 case Zacchini v. Scripps-Howard Broadcasting Co. that the First Amendment did not immunize a television station from liability for broadcasting Hugo Zacchini 's human cannonball act without his consent. This was the first, and so far the only, U.S. Supreme Court ruling on rights of publicity and it served to confirm the overall validity of
330-458: A particular person. The provinces of British Columbia , Manitoba , Newfoundland and Labrador , and Saskatchewan have enacted privacy legislation dealing with personality rights, which have the following traits: Canadian common law recognizes a limited right to personality. It was first acknowledged in the 1971 Ontario decision of Krouse v. Chrysler Canada Ltd. , where the Court held that where
396-462: A person has marketable value in their likeness and it has been used in a manner that suggests an endorsement of a product then there is grounds for an action in appropriation of personality. This right was later expanded upon in Athans v. Canadian Adventure Camps (1977) where the Court held that the personality right included both image and name. In Gould Estate v. Stoddart Publishing Co. Ltd. (1998),
462-565: A product or service, which usually amounts to some form of commercial speech (which in turn receives the lowest level of judicial scrutiny ). In contrast with common law jurisdictions, most civil law jurisdictions have specific civil code provisions that protect an individual's image, personal data and other generally private information. Exceptions have been carved out of these general, broad privacy rights when dealing with news and public figures. Thus, while it may violate an ordinary citizen's privacy to speak about their medical records, one
528-427: A suggestion that the plaintiff has endorsed or licensed the defendant's products, or somehow can exercise control over those products. This is done by way of the tort of passing off . The meaning of the law is best illustrated by principal cases on the subject. In Australia, false association or endorsement is actionable via the law of passing off , not a separate law of "right of personality". The Henderson case
594-419: A supplier of royalty-free images to further expand its offering. In 1998, another division was added to Corbis Images when the company acquired Outline Press Syndicate, Inc., a supplier of celebrity portrait photography. Renamed Corbis Outline, the company syndicated studio portraits and candid photographs of actors, musicians, athletes, politicians, business leaders, scientists, and other celebrities and provided
660-490: Is a Los Angeles–based product placement , influencer marketing and licensing company. The company offers AI-driven product placement , influencer marketing services , music partnerships, rights clearance, and personality rights management services for the entertainment industry. The company was founded in Seattle by Bill Gates in 1989 as Interactive Home Systems , and later renamed Corbis . The company's original goal
726-486: Is based on state-level law , as opposed to federal, and recognition of the right can vary from state to state. The rationale underlying the right of publicity in the United States is rooted in both privacy and economic exploitation. The rights are based in tort law, and parallel Prosser's "Four Torts" which might be summarized as: 1) Intrusion upon physical solitude; 2) public disclosure of private facts; 3) depiction in
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#1732858360725792-491: Is common for South Korean media reports to blur people's faces in press photos, even though there is no problem of defamation. In contrast, most countries regard blur as a distortion of the truth. It is common that the public's faces photographed only in the South Korean media are blurred even when there in no possibility of defamation. Criticism has been raised against this. According to the agency (Spanish) Data Protection for
858-584: Is continuous. There are other notable characteristics of the Indiana law, though most of the major movement in right of publicity emanates from New York and California , with a significant body of case law which suggest potentially contradictory positions with respect to recognition of the right of publicity under certain circumstances. Some states recognize the right through statute and some others through common law. California has both statutory and common-law strains of authority protecting slightly different forms of
924-658: Is expected as it has been reported that around 80% of Korean entertainment agencies voiced difficulties in publicity right violations of their talents. On December 26, 2022, the Ministry of Justice announced plans to stipulate personality rights in Civil Code in the near future. The most notable difference between the new law and the Publicity Rights provision under the Unfair Competition Prevention Act would be
990-723: Is generally allowed to report on more intimate details in the lives of celebrities and politicians. Unlike most common law jurisdictions the personality rights in civil law are generally inheritable, thus one can make a claim against someone who invades the privacy of a deceased relative if the memory of their character is besmirched by such publication. Personality rights have developed out of common law concepts of property , trespass and intentional tort . Thus personality rights are, generally speaking, judge-made law, though there are jurisdictions where some aspects of personality rights are statutory. In some jurisdictions, publicity rights and privacy rights are not clearly distinguished, and
1056-514: Is still much less frequently used compared to the transcription of the English term "publicity rights". Nor any independent law on personality rights exist in South Korea (as of October 2023). However, in 2022, a related provision was enacted under the existing Unfair Competition Prevention Act. This revision is considered to have provided a foundation for an independent Act in near future. Much change
1122-648: Is today stored in a preservation and access facility outside Paris. In 2000, Microsoft (a fellow venture of Gates) purchased the rights through Corbis to the image Bucolic Green Hills , which it renamed to Bliss for the default wallpaper of Windows XP . The image was taken in the Los Carneros American Viticultural Area of Sonoma County, California , United States by photographer Charles O'Rear in 1996, who previously sent it to Westlight which Corbis had acquired in 1998. Corbis's business-to-business image licensing business expanded with
1188-413: Is used without permission in a way which cannot be reconciled with the true image of that person. Apart from the unauthorized use of a person's image, this kind of infringement also entails some kind of misrepresentation concerning the individual, such as that the individual approves or endorses a particular product or service or that an attorney is a partner in a firm, while this is not the case. Secondly,
1254-463: The Charter are: 4. Every person has a right to the safeguard of his dignity, honour and reputation. 5. Every person has a right to respect for his private life. Therefore, the following general characteristics may be drawn: In Cyprus , people depicted in photographs can oppose their use in advertisements and their publication in magazines, even if it was taken in a public place. In Denmark ,
1320-452: The Civil Code , section 751: A person who has injured the person, liberty or fame of another or has inflicted any mental anguish to another person shall be liable to make compensation for damages arising therefrom. While the concept of personality rights is recognized, it is not yet widely known. The Korean terminology ("인격표지영리권", literally translated to "personality sign commercial rights")
1386-635: The Danish Penal Code chapters 26 and 27, provides certain personality rights. The governmental Danish Data Protection Agency, has made a declaration regarding publication on the Internet of pictures taken of persons in a public area: A portrait photograph is defined as a photograph, with the purpose of depicting one or more specific person(s). The personality rights however may be contracted for persons who are generally accepted as public persons. In France , personality rights are protected under article 9 of
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#17328583607251452-530: The General Principle of Civil Law of the People's Republic of China, the right of name and the right of image are protected. It is prohibited to use another's image for commercial use without that person's consent. In the new Tort Liabilities Law which came into effect on Jan 1, 2021, the right of privacy is mentioned for the first time in the legislation. In South Africa , personality rights are protected under
1518-575: The German civil code , where the concept of an "absolute person of contemporary history" allows the depiction of individuals who are part of history but still gives them some protection of their rights of privacy outside the public sphere. A succinct statement of the German law can be found in the following judicial statement from the Marlene Dietrich case : the general right of personality has been recognised in
1584-619: The South African law of delict and the Bill of Rights , which also provides for freedom of expression and freedom of association . After much uncertainty concerning the recognition of image rights in South Africa , the Supreme Court of Appeal provided clarity in the landmark case of Grütter v Lombard . In South Africa, a person's right to identity is violated if the attributes of that person
1650-406: The Supreme Court of Canada also affirmed that under Quebec's Charter of Human Rights and Freedoms privacy provisions, a photographer can take photographs in public places but may not publish the picture unless permission has been obtained from the subject, except where the subject appears in an incidental manner, or whose professional success depends on public opinion. The relevant provisions of
1716-950: The Sygma collection in France (1999); and the German stock image company ZEFA (2005). Corbis also had the rights to digital reproduction for art from the Hermitage Museum in St. Petersburg, Russia , the Philadelphia Museum of Art and the National Gallery in London. Corbis later expanded into providing services for the entertainment industry, including brand integration and rights clearance services. In January 2016, Corbis announced that it had sold its image licensing businesses to Unity Glory International, an affiliate of Visual China Group . VCG licensed
1782-438: The "most personal sphere" of those pictured (§ 201 StGB - in particular, photos of private situations such as inside the bedroom, and photos of helpless persons, such as accident victims). In contrast to the general rules about the right to one's image, these rules also apply to just taking images, not only to publishing them. The relevant Greek laws include 57 AK and 2472/1997. As regarding photography: The relevant Guernsey law
1848-580: The Constitution of the Portuguese Republic. Some personality rights, like the right to image or honor are specifically typified in the civil code in the articles following the "tutela geral". Specifically regarding image rights, article 79 of the Portuguese Civil Code states that an image of a person cannot be published or exposed without her consent, even after the person's death (in which case
1914-561: The Corbis Entertainment business, which would remain owned by the company under a new name. Concurrently, it was announced that VCG would exclusively license distribution of the Corbis images library outside China to its rival, Getty Images . VCG has historically served as the exclusive distributor of Getty content in China. Distribution of Corbis content was transitioned to Getty's outlets, and
1980-614: The French civil code. While publicly known facts and images of public figures are not generally protected, use of someone's image or personal history has been held actionable under French law. The most famous case in recent history is perhaps the publication of the book on François Mitterrand called Le Grand Secret in which Mitterrand's doctor published a book that not only revealed private facts about Mitterrand's life, but also revealed medical confidences protected by doctor–patient privilege . In Germany , personality rights are protected under
2046-508: The Ontario Court of Appeal concluded that simply writing about somebody, even for the purpose of generating a profit, does not constitute appropriation of personality. The general tort of appropriation of personality is still in development, but it is currently being argued that it will be recognized in all common law provinces, with certain characteristics: In 1994, the new Civil Code of Quebec introduced new provisions that enshrine
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2112-580: The case law of the German Federal Court of Justice since 1954 as a basic right constitutionally guaranteed by Articles 1 and 2 of the Basic Law and at the same time as an "other right" protected in civil law under § 823 (1) of the BGB (established case law since BGHZ 13, 334, 338 - readers' letters). It guarantees as against all the world the protection of human dignity and the right to free development of
2178-481: The collection and dissemination on Internet of images of a person without their consent may be a serious breach of the Data Protection Act which would be punishable by a minimum fine of 60,000 euros. According to El Mundo Data Protection Agency decided to investigate ex officio by the mere distribution of the image of a person on the Internet without their consent. In the United States, the right of publicity
2244-641: The company had organized over 5,000 brand placements in 2015, with clients including Cadillac , Jose Cuervo , Microsoft , and others. In 2018, Ricky Ray Butler, was named CEO. In 2020 BEN won the Agency of the Year award at the 10th Streamy Awards . In February 2023, BEN Group was rebranded as BENlabs. 47°36′12″N 122°20′00″W / 47.603365°N 122.333354°W / 47.603365; -122.333354 Personality rights Personality rights are generally considered to consist of two types of rights:
2310-403: The company in 1989 under the name Interactive Home Systems; he envisioned a system for allowing customers to decorate their homes with revolving displays of artwork , including works by notable painters, using digital frames and technology that had yet to have been developed. The company's name was changed to Continuum Productions in 1992 and later, to Corbis Corporation. Interactive television
2376-475: The company manages Corbis's physical archives on behalf of VCG. Of the deal, Getty CEO Jonathan Klein remarked that after 21 years in business, it was "lovely to get the milk, the cream, cheese, yogurt and the meat without buying the cow." In May 2016, following the handover of the Corbis images business to Unity Glory and Getty, Corbis Entertainment was renamed Branded Entertainment Network, and re-located its operations to Los Angeles. CEO Gary Shenk stated that
2442-682: The company purchased the Bettmann Archive collection, which included the pre-1983 photo library of United Press International and its predecessor photo agencies, Acme and INP, the photo arm of the International News Service . Prior to acquiring the Bettmann Archive, Corbis represented roughly 500,000 images, a total that increased substantially when the Bettmann drawings, artworks, news photographs, and other illustrations were added to
2508-403: The company seriously. In 1996 the company acquired the exclusive rights to approximately 40,000 images photographed by wilderness photographer Ansel Adams . In 1997, Corbis named company veterans, Steve Davis and Tony Rojas, co-CEOs. Corbis also hired David Rheins to run Corbis' Productions, and Leslie Hughes to lead the company's B2B image licensing division, Corbis Images. These hires marked
2574-501: The company's portfolio. In all the Bettmann Archive contained 19 million images. The archive was stored 220 feet underground in a refrigerated cave in the Iron Mountain storage facility , In 1995, the company won a contract with its first major photographer, Roger Ressmeyer , followed by several more, including Galen Rowell ; this signalled growing interest in the world of professional photography, which up to that point had not taken
2640-623: The company's shift to a more market focused entity. Corbis Productions published several award-winning CD-ROM titles such as A Passion for Art: Renoir, Cézanne, Matisse, and Dr. Barnes , compiled from the Barnes Foundation collection, and Leonardo da Vinci , which showcased the Codex Leicester . In 1998, Leslie Hughes was named President of Corbis Images. The company expanded internationally and through product development and further acquisitions. The company acquired Digital Stock Corp.,
2706-550: The consent is to be obtained from existing family or heirs). However, consent is not needed for public personalities when in their public roles, for use in scientific, didactic or cultural purposes, or when the image is produced in a public setting. However, if the image harms the honor, reputation or decorum of the person it cannot be reproduced or exposed without consent. In the People's Republic of China , rights of personality are established by statute. According to article 100 and 101 of
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2772-450: The date of death, making the law very favourable for estate managers and trustees. In Hong Kong , as in most other common law jurisdictions, there is no separate "personality right", and false association or endorsement is actionable under the law of passing off. The main case on this point relates to Cantopop singer/actor Andy Lau and Hang Seng Bank over the allegedly unauthorized use of Lau's image on credit cards , which has led to
2838-403: The defendant's goods, or had some connection with the goods. However, in the 1988 case of Honey v Australian Airlines , Gary Honey , a well known Australian athlete, failed in his attempt to get a damages award after Australian Airlines used a photograph of him in action on a poster without his permission. The judge held, in essence, that the poster depicted excellence in general rather than
2904-474: The doctrine and the interests it protects. Indiana has one of the stronger right of publicity statutes in the U.S., providing recognition of the right for 100 years after death, and protecting not only the usual "name, image and likeness", but also signature , photograph , gestures , distinctive appearances, and mannerisms. Notably, Oklahoma also provides 100 years of protection after death, and Tennessee's statute provides rights that do not ever expire if use
2970-444: The expansion of scope; the new law will go beyond 'celebrities' and will recognize everyone's right to their name, portrait, voice, etc. Personality rights are said to exist to some extent by both influence of constitution and tort liability, but cases filed to enforce such rights against shopping malls have been unsuccessful. South Korea's portrait rights are too widely recognized compared to other countries. Because of this, it
3036-612: The growth of the internet in the early part of the decade. The company also expanded geographically, making multiple acquisitions such as the Stock Market and expanding into the footage licensing market with the acquisition of Sekani. On January 22, 2016, Corbis announced that it had sold its general image licensing business, including the Corbis Images, Corbis Motion and Veer libraries and their associated assets, to Unity Glory, an affiliate of Visual China Group . The sale did not include
3102-408: The images for sale to a broad range of national magazines. The same year, Corbis also acquired Westlight, adding over 3 million images to their archives while scanning best selling images. In June 1999, the company acquired the French news photo agency Sygma , adding 40 million additional images to the company's collection, and expanding Corbis's portfolio beyond 65 million images. The archive
3168-472: The images to Corbis's historic rival, Getty Images , outside China. Corbis retained its entertainment businesses under the name Branded Entertainment Network, which has since evolved to BENlabs. BEN Group's Inc's businesses include product placement services, the celebrity photo agency Splash News , as well as Greenlight, a business that provides clearances for images, music, video, and licenses personality rights for commercial use. BEN directly represents
3234-435: The individual's attributes have incidentally been used, is not in itself sufficient. This violation of the right to identity therefore also entails unauthorized use of the individual's attributes with a commercial purpose, whether it is done by means of advertisement or the manufacture and distribution of merchandise covered with the attributes of the individual. Personality rights are not absolute and it goes without saying that
3300-521: The observation that only limited personality rights exist in this jurisdiction. There are few studies on the right to fame in Iranian law. However, through general principles, an attempt has been made to support celebrities. In a 1994 case involving the estate of Bob Marley , the Supreme Court of Jamaica acknowledged a property right of personality which survived his death. In October 2007, J-pop duo Pink Lady sued Kobunsha for ¥ 3.7 million after
3366-539: The personality rights of various figures, including Albert Einstein , Buzz Aldrin , Sophia Loren , Charlie Chaplin , Maria Callas , Andy Warhol , Martin Luther King Jr. , Marvin Gaye , Muhammad Ali , Steve McQueen , and Thomas Edison among others. In 2015, BEN Group Inc acquired Plaid Social Labs, a leader in digital influencer marketing and integrations. In 2016, BEN Group Inc sold Splash. Bill Gates founded
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#17328583607253432-572: The personality. Special forms of manifestation of the general right of personality are the right to one's own picture (§§ 22 ff. of the KUG [ de ] ) and the right to one's name (§ 12 of the BGB). They guarantee protection of the personality for the sphere regulated by them. In addition to the general personality rights, there are special rules that forbid taking intimate pictures without consent (§ 184k StGB ), and that forbid taking pictures which violate
3498-562: The publisher's magazine Josei Jishin used photos of the duo on an article on dieting through dancing without their permission. The case was rejected by the Tokyo District Court . In February 2012, the Supreme Court rejected the duo's appeal based on the right of publicity. In Portugal , personality rights are protected under the "tutela geral da personalidade" on article 70 of the Portuguese Civil Code and, also, in article 17 of
3564-412: The realm of the tort of passing off . A commonly cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how their right of publicity is commercialized by a third party, if at all. Often, but not always, the motivation to engage in such commercialization is to help propel sales or visibility for
3630-404: The right of publicity has some commonality with the protection of trademarks as long as one understands that the right of publicity is a distinct legal doctrine, with its own policies, objectives and standards, including notable differences from trademark law. For example, falsity or likelihood of confusion generally do not have to be established to present a colorable right of publicity claim. At
3696-408: The right of publicity, or the right to keep one's image and likeness from being commercially exploited without permission or contractual compensation, which is similar (but not identical) to the use of a trademark ; and the right to privacy , or the right to be left alone and not have one's personality represented publicly without permission. In common law jurisdictions, publicity rights fall into
3762-441: The right to identity is violated if the attributes of a person is used without authorization by another person for commercial gain. Apart from the unauthorized use of the individual's image, such use also primarily entails a commercial motive which is exclusively aimed at promoting a service or product or to solicit clients or customers. The mere fact that the user may benefit or profit from any product or service in respect of which
3828-443: The right to privacy as an attribute of personality: 3. Every person is the holder of personality rights, such as the right to life, the right to the inviolability and integrity of his person, and the right to the respect of his name, reputation and privacy. These rights are inalienable. ... 36. The following acts, in particular, may be considered as invasions of the privacy of a person: In Aubry v Éditions Vice-Versa Inc ,
3894-419: The term publicity right is generally used. In a publicity rights case the issue to decide is whether a significant section of the public would be misled into believing (incorrectly) that a commercial arrangement had been concluded between a plaintiff and a defendant under which the plaintiff agreed to the advertising involving the image or reputation of a famous person. The actionable misrepresentation requires
3960-484: The title Corbis . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Corbis&oldid=825053810 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Corbis Corporation BENlabs , formerly BEN Group Inc,
4026-459: The use of a person's attributes must be unlawful before a plaintiff will succeed with any claim. With the use of a person's image, the personality rights, privacy, human dignity and freedom of association of the individual must often be weighed against the user's right to freedom of expression . The use of a person's image can be justified on the grounds of consent, truth and public interest, fair comment and jest. In South Korea, as defined in
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#17328583607254092-422: Was a decision of the Supreme Court of New South Wales (both the first instance and appellate jurisdiction). The plaintiffs were ballroom dancers and they sued the defendant in passing off alleging it wrongfully published their photograph on the cover of a gramophone record entitled Strictly for Dancing: Vol. 1 . An injunction was granted on the ground that the use suggested the plaintiffs recommended or approved of
4158-419: Was coined by Judge Jerome Frank in 1953. The extent of recognition of this right in the U.S. is largely driven by statute or case law . Because the right of publicity is primarily governed by state (as opposed to federal) law, the degree of recognition of the right of publicity can vary from one state to the next. The right of publicity is not simply an analog to trademark law, though it could be noted that
4224-519: Was enacted on 3 December 2012 under the name of Image Rights Bailiwick of Guernsey Ordinance 2012 and allows for the registration of a personality right, together with images associated with that personality. Images are widely defined and can be any number of personal attributes, such as likeness, mannerisms, gestures, voice, nickname etc. Personalities able to register fall into 5 categories, namely sole, joint, group, legal and fictional character. In addition, humans can be registered up to 100 years after
4290-636: Was suggested as a way to deliver the content, but as the development of the planned product was under way, Corbis focused on digitizing content and acquiring rights to images. Corbis signed agreements with the National Gallery of London , the Library of Congress , the Sakamoto Archive, the Philadelphia Museum of Art, and the State Hermitage Museum in St. Petersburg , Russia. In October 1995,
4356-450: Was to license and digitize artwork and other historic images for the prospective concept of digital frames . In 1997, Corbis changed its business model to focus on licensing the imagery and footage in its collection. The Corbis collection included contemporary creative, editorial, entertainment, and historical photography as well as art and illustrations. Among its acquisitions were the 11 million piece Bettmann Archive , acquired in 1995;
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