In Germany, personality rights are protected under 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.
Fundamental and inalienable rights inherent to the human person, personality rights are defined in principle as the rights that ensure the protection of the attributes of the personality (privacy, right to one's image, voice) and guarantee one's moral integrity.
In general, the tort is established when a person's personality has been appropriated, “amounting to an invasion of his right to exploit his personality by the use of his image, voice or otherwise with damage to the plaintiff”: Wiseau, at para.
The right of publicity is an intellectual property right that protects against the misappropriation of a person's name, likeness, or other indicia of personal identity—such as nickname, pseudonym, voice, signature, likeness, or photograph—for commercial benefit.
The right to the protection of one's image is thus one of the essential components of personal development. It mainly presupposes the individual's right to control the use of that image, including the right to refuse publication thereof …” (von Hannover v.
Invasion of privacy
If a photo depicts you in a situation where there's a reasonable expectation of privacy, such as in your home, and it was taken without your permission, you can stop a website from using it. You can also stop photos from being used if they portray you in a false or highly offensive manner.
In short: If you created an original image, you own it. That ownership gives you exclusive rights to display and reproduce what you create. If you didn't create it, you need permission to use it.
A likeness is a portrait, or a head-turning resemblance. George Washington's likeness appears on the dollar bill. A potato might bear an uncanny likeness to my grandfather. Likeness has nothing to do with liking someone or something––it's all about what something looks like.
The term “moral rights” comes from the French phrase droit moral and generally refers to certain noneconomic rights that are considered personal to an author.
noun. a representation, picture, or image, especially a portrait: to draw a good likeness of Churchill. the state or fact of being like: I can't get over your likeness to my friend. the semblance or appearance of something; guise: to assume the likeness of a swan.
Actions which amount to misappropriation of personality can run a broad spectrum of activity ranging from using the name or photograph of a professional athlete on a product package, to using a singing voice which imitates that of a famous recording artist in a television commercial.
Appropriation, also referred to as misappropriation, is the unauthorized use of a person's name, photograph, likeness, voice, or endorsement, often for financial gain. Although appropriation may involve speech or communication, the First Amendment does not protect its practice.
The three torts that emerged from the concept of trespass to the person — assault, battery and false imprisonment are actionable per se — that is without proof of damage (although if the wrongful act, does result in injury, damages can be recovered for that injury as well).
Legal personality is an acknowledgement that an entity is capable of exercising certain rights and being subject to certain duties under a particular system of law. In municipal legal systems, the individual human being as well as certain entities such as limited companies or public corporations are legal persons.
These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the rights to health, education and an adequate standard of living.
Legal personality is an artificial creation of law. Entities under the law are capable of being parties to a legal relationship. A natural person is a human being and legal persons are artificial persons, such as a corporation. Law creates such corporation and gives certain legal rights and duties of a human being.
Moral rights involve the right to claim authorship of the work and the right to object to any derogatory action in relation to the work, and are not harmonised across the EU.
There are three types of moral rights: Right of attribution: this is the right of an author to be identified and named as the author of his/her work; Right against false attribution: this is the right of an author to stop someone else being credited as the author of their work; and.
Individuals do not have an absolute ownership right in their names or likenesses. But the law does give individuals certain rights of “privacy” and “publicity” which provide limited rights to control how your name, likeness, or other identifying information is used under certain circumstances.
Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.
The unauthorized use of another person's name or likeness can give rise to a claim for damages. The law recognizes the value of an individual's name and likeness, and the unauthorized use of these things can cause harm to the individual's reputation or economic interests.
Generally, the author and initial copyright owner of a photograph is the person who “shoots” or “takes” the photo.
It helps you recall specific memories
I look at those photos and am immediately drawn to specific memories and what was happening around me as the photo was taken. They help to recall more than the location, such as the emotions at that moment and the specific experience.
So self-portraits are about self-image—how we define ourselves. They're also a way to figure out who we are. The “looking-glass self” is a psychological concept that says that how we see ourselves doesn't come from who we really are, but rather from how we think others see us.