DOCSLIB.ORG

How to Protect Your Most Valuable Rights: Publicity and Image

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
How to Protect Your Most Valuable Rights: Publicity and Image COUNTRY CORRESPONDENTS CO-PUBLISHED EDITORIAL Turkey Kenaroğlu Avukatlik Burosu How to protect your most valuable rights: publicity and image With millions of images shared online every day, striking a balance between the rights of the individual and freedom of expression is a complex task. Thankfully, various regulations can offer protection in the absence of specific publicity and image rights Over the past two decades, the Internet the Turkish Trademark and Patent Office by the depicted individual; and radio and and social media have transformed recently rejected a trademark application film news and images of daily events. daily habits. While the benefits of these that included the portrait of famous painter Moreover, according to Article 30/I of platforms cannot be underestimated, Frida Kahlo based on Article 6/6. the Copyright Code, images can be used personal rights have become significantly during criminal proceedings or for judicial easier to violate and the effects of Copyright Law – unfair competition rules purposes by the courts and other official infringement have become much more The Copyright Code provides various authorities without consent. Plus, images harmful. As a result, we need a more methods for an individual to protect against may be reproduced and disseminated by effective system for protecting publicity third-party use of their publicity rights public authorities or those under their and image rights in the digital domain. for the purposes of advertising, business instruction without the consent of the or activities of a similar nature. These owner for public safety or judicial purposes. Principal legislation protections extend broadly from the core For instance, a photograph of a suspect may Publicity and image rights have been of an individual’s identity to tangential be published in a newspaper upon the order described by various courts as the rights elements that they may seek to protect of the public prosecutor. over all legal, physical and spiritual assets (eg, their name, nickname, former name, that an individual would find worthy of pseudonym, voice, image or portrait). Civil Law protection and cannot be disseminated According to Articles 84 and 86 of the Pursuant to Article 24 of the Civil Law: without their consent. Thus, such rights Copyright Code, a sign, picture, sound, “Anyone whose personal right is attacked can be defined under the umbrella term painting, portrait or photograph of a person unlawfully might claim protection ‘personality rights’ and various regulations cannot be used by a third party without against those who attack.” For example, can be applied to help protect these. the individual’s consent or within 10 years using an image for commercial or of their death. Rights holders and their defamation purposes other than to give Trademark Law successors are entitled to oppose any third or receive information is deemed to be an Although the Industrial Property Code (6769) party that uses, transmits, duplicates or infringement of the right of personality. In makes no specific provision for publicity disseminates a sign, picture or sound, other words, any use of an image without rights, its definition of ‘trademarks’ includes or any kind of photograph or portrait, the consent of the person whose right of names. Therefore, most celebrities register which is not deemed to be an artwork for personality has been violated, a superior their names as trademarks to prevent commercial gain. private or public interest, or an authority potential misuse. However, a trademark The legal basis for this stems from granted by law is against the law. Article must have a distinctive function in order to the unfair competition rules, which are 24 provides the following four reasons as be registrable. Therefore, while the names, regulated under the Turkish Commercial grounds for lawful use: portraits or other image rights of celebrities Code (6102). Unlike the general rule to • consent of the rights holder; may meet such criteria, those of ordinary benefit from protection based on unfair • an outstanding special benefit; people are less likely to. competition, a copyright infringer does • an outstanding public interest; or Alternatively, Article 6/6 of Industrial not have to be commercially motivated. • exercise of a power granted by the law. Property Code prescribes that a trademark For instance, the mother of a famous actor application that contains a personal name, cannot use her son’s childhood videos Even when consent has been given by trade name, photograph, copyright or without his consent. the person in question, it must be within the any other IP right will be rejected upon However, the Copyright Code provides scope of Article 23 of the Civil Code – that objection of the genuine rights holder. exceptions for images of individuals is, it must be in accordance with the law Thus, individuals can oppose and prevent who play a role in Turkish political or and must not be against morality. Consent the registration of a sign that refers to popular culture; images of parades, official cannot be given to disclose all of a person’s their publicity and image rights. Indeed, ceremonies or general meetings attended secrets or the most intimate matters 124 WINTER 2021 www.WorldTrademarkReview.com regarding their family life, nor should Yasemin Kenaroğlu Gökçe Dağdaş disclosures be detrimental to their honour, Partner Associate reputation or dignity. Such disclosures will be considered unlawful even where [email protected] [email protected] consent has been given; however, the judge Yasemin Kenaroğlu, founding partner at Gökçe Dagdas is registered as an attorney may decrease the amount of compensation Kenaroğlu Avukatlik Burosu, is registered at law at the Istanbul Bar Association and or refuse to award compensation at all. as an attorney at law at the Istanbul Bar as a trademark attorney before the Turkish Lawsuits other than compensation cases (eg, Association and as a trademark attorney Patent and Trademark Office. Working at for suspension, prevention or detection) are before the Turkish Patent and Trademark Kenaroğlu Avukatlik Burosu since 2017, unaffected by the issue of consent and can Office. Ms Kenaroğlu has been working her practice focuses on IP litigation and be initiated by the rights holder regardless. on IP-related litigation, enforcement, enforcement, particularly trademarks and prosecution and counselling matters since designs. She handles an array of litigation Publicity rights versus freedom of press 2003, leading Kenaroğlu since 2008. matters, including infringement and unfair Another issue that the system faces is the She represents foreign and multinational competition, invalidation and non-use need to balance the individual’s right to companies in a range of fields on cancellation actions before the Turkish privacy with freedom of expression. Although trademark, patent, design, domain name courts, as well as settlement negotiations freedom of the press and freedom of speech and unfair competition-related matters. at the pre-litigation phase. are protected as fundamental rights under the Constitution, they are limited when a party capitalises off the use of someone else’s Remedies for breach of publicity claim financial compensation as no material image or off content that is detrimental to According to Article 25 of the Civil Law and damage has been caused by the disclosure. their honour, reputation and dignity. Atricle 84 of the Copyright Code on unfair Rights holders are also entitled to file In a court action filed against a competition, rights holders may request the an invalidation action based on Article newspaper, a top Turkish football club determination, prevention and suspension 6/6 of the Industrial Property Code if their sought damages following the distribution of an infringement of personality rights – name, photograph or likeness has been of posters bearing a photograph of one mere negligence on the part of the infringer registered as a trademark by a third party of its footballers, which had been taken will not be an acceptable excuse for such without their consent. For instance, the during championship celebrations. The actions. Rights holders may also request Turkish IP Court invalidated the trademark court accepted the claim and ordered the the correction of an infringing statement, registration for CHAPLIN and the newspaper to pay material damages for with the correction made public. invalidation decision was approved by the the unauthorised use of the footballer’s In addition, according to Article 25/3 of Court of Appeals based on image rights. picture, even though it had been taken the Civil Law, a rights holder can file suit on by the newspaper itself, on the grounds the grounds of acting without a proxy and Criminal offences that such images are protected under the request that any earnings gained from the Pursuant to Article 134 of the Criminal Copyright Code and unfair competition infringement be paid to them, as well as Law, anyone who violates the privacy rules when it comes to commercial use. On claiming any monetary and non-pecuniary of an individual will be sentenced to appeal, the court decided that although damages, if applicable. imprisonment of between one and three the press enjoys freedom of reporting and To receive pecuniary damages, the years. If the individual’s privacy has been freedom of expression, and the public has claimant must have suffered a financial violated through the recording of images the freedom to be informed and receive loss. For instance, if the wedding pictures or sounds, the penalty will be increased by news, media outlets should pay the utmost of a celebrity are published without their up to three years. Anyone who unlawfully attention and act in line with the principle consent, they could demand compensation discloses images or sounds of a person will of proportionality so as not to harm the of their material loss based on the fee that be sentenced to imprisonment of between personal rights or commercial values they would have been paid if they had a two and five years.
Load more

Recommended publications
  • Personality Rights in Australia1
    SWIMMERS, SURFERS, AND SUE SMITH PERSONALITY RIGHTS IN AUSTRALIA1 Therese Catanzariti2 It is somewhat of a misnomer to talk about personality rights in Australia. First, personality rights are not “rights” in the sense of positive rights, a right to do something, or in the sense of proprietary rights, property that can be assigned or mortgaged. Second, personality rights are largely a US law concept, derived from US state law relating to the “right of publicity”. However, it is common commercial practice that Australian performers, actors and sportstars enter endorsement or sponsorship agreements.3 In addition, the Australian Media and Entertainment Arts Alliance, the Australian actors union, insists that the film and television industrial agreements and awards don’t cover merchandising and insist film and television producers enter individual agreements if they want to use an actor’s image in merchandising.4 This paper considers Australian law5 relating to defamation, passing off, and section 52 of the Trade Practices Act,6 draws parallels with US law relating to the right of publicity, and considers whether there is a developing Australian jurisprudence of “personality rights”. Protecting Personality Acknowledging and protecting personality rights protects privacy. But protecting privacy is not the focus and is an unintended incidental. Protecting personality rights protects investment, and has more in common with unfair competition than privacy. Acknowledging and protecting personality rights protects investment in creating and maintaining a carefully manicured public image, an investment of time labour, skill and cash. This includes spin doctors and personal trainers and make-up artists and plastic surgeons and making sure some stories never get into the press.
    [Show full text]
  • Privacy and Publicity: the Two Facets of Personality Rights
    Privacy and publicity Privacy and publicity: the two facets of personality rights hyperbole. In this context, personality In this age of endorsements and rights encompass the “right of privacy”, tabloid gossip, famous people which prohibits undue interference in need to protect their rights and a person’s private life. In addition to coverage in the media, reputations. With a growing number images of celebrities adorn anything from of reported personality rights cases, t-shirts, watches and bags to coffee mugs. India must move to develop its This is because once a person becomes legal framework governing the famous, the goods and services that he or commercial exploitation of celebrity she chooses to endorse are perceived to reflect his or her own personal values. By Bisman Kaur and Gunjan Chauhan, A loyal fan base is a captive market for Remfry & Sagar such goods, thereby allowing celebrities to cash in on their efforts in building up Introduction a popular persona. Intellectual property in India is no longer Unfortunately, a large fan base is a niche field of law. Stories detailing also seen by unscrupulous people as an trademark infringement and discussing opportunity to bring out products or the grant of geographical indications services that imply endorsement by an routinely make their way into the daily individual, when in fact there is no such news headlines. From conventional association. In such cases the individual’s categories of protection such as patents, “right of publicity” is called into play. trademarks, designs and copyright, IP laws The right of publicity extends to every have been developed, often by judicial individual, not just those who are famous, innovation, to encompass new roles and but as a practical matter its application areas of protection.
    [Show full text]
  • The New Frontiers of Personality Rights and the Problem of Commodification: European and Comparative Perspectives
    The New Frontiers of Personality Rights and the Problem of Commodification: European and Comparative Perspectives Giorgio Resta* I. TORT LAW AND THE TRADITIONAL APPROACH TO PERSONALITY RIGHTS ........................................................................ 33 II. NEW DIMENSIONS OF PERSONALITY PROTECTION IN PRIVATE LAW .................................................................................................... 37 A. From ‘Reactive’ to ‘Preventive’ Strategies ........................ 38 B. The Emergence of the Human Body as a Legal Object ................................................................................. 40 C. The Commercialization of Personality ............................... 41 III. WHO OWNS IDENTITY? ...................................................................... 43 IV. THE QUESTIONS AT STAKE ................................................................. 46 V. THE PROTECTION OF PERSONAL AUTONOMY: A MATTER OF PRIVACY OR PROPERTY? .................................................................... 48 A. Incorporeal Attributes and the Dominance of Property Rules .................................................................... 48 B. Body Parts and Liability Rules ........................................... 51 VI. LICENSING IDENTITY? ........................................................................ 54 A. The Human Body and the Gift Paradigm ........................... 54 B. Commercial Exploitation of Personality and the Limits of Freedom of Contract ..........................................
    [Show full text]
  • Image Is Everything Lowenstein Sandler’S Matthew Savare Gives a Comparative Examination of Publicity Rights in the US and Western Europe
    Publicity rights Image is everything Lowenstein Sandler’s Matthew Savare gives a comparative examination of publicity rights in the US and western Europe Comedian Steven Wright once joked, “It’s a small world, but I the person’s identity has “commercial value” versus only 10 years for wouldn’t want to paint it”. Over the last decade, the proliferation those whose identity does not. of digital technologies has not made the world smaller or easier to • Remedies – the remedies available to plaintiffs also vary from state paint, but it has significantly hastened the globalisation of content. This to state. For example, New York’s statute provides for injunctions, transformation, coupled with the developed world’s insatiable fascination compensatory damages, and discretionary punitive damages. Ohio’s with fame, has spurred the hyper commoditisation of celebrity. statute, which offers the most remedies of any state statute, permits Despite the universality of celebrity, the laws governing the injunctions; a choice of either actual damages, “including any commercial exploitation of one’s name, image, and likeness differ profits derived from and attributable to the unauthorised use of an widely between the US and the nations of western Europe. In light individual’s persona for a commercial purpose” or statutory damages of the increased trafficking in celebrity personas between the two between $2,500 and $10,000; punitive damages; treble damages continents, a brief comparative analysis is warranted. if the defendant has “knowledge of the unauthorised use of the persona”; and attorney’s fees. A primer on US right of publicity law Courts have used primarily three methodologies or some The right of publicity is the “inherent right of every human being to combination thereof to value compensatory damages.
    [Show full text]
  • Celebrity in Cyberspace: a Personality Rights Paradigm for Personal Domain Name Disputes
    Celebrity in Cyberspace: A Personality Rights Paradigm for Personal Domain Name Disputes Jacqueline D. Lipton* Abstract When the Oscar-winning actress Julia Roberts fought for control of the <juliaroberts.com> domain name, what was her aim? Did she want to reap economic benefits from the name? Probably not, as she has not used the name since it was transferred to her. Or did she want to prevent others from using it on either an unjust enrichment or a privacy basis? Was she, in fact, protecting a trademark interest in her name? Personal domain name disputes, particularly those in the <name.com> space, implicate unique aspects of an individual’s persona in cyberspace. Nevertheless, most of the legal rules developed for these disputes are based on trademark law. Although a number of individuals have successfully used these rules in practice, the focus on trademark law has led to inconsistent and often arbitrary results. This Article suggests that if personal names merit legal protection in cyberspace, it should be under an appropriate set of legal rules, rather than through further expansion of trademarks. This Article develops a new framework for personal domain name disputes based on the theories underlying the right of publicity * Professor, Co-Director, Center for Law, Technology and the Arts, Associate Director, Frederick K. Cox International Law Center, Case Western Reserve University School of Law. The author would particularly like to thank Professor Mark Janis whose comments on a previous paper proved to be the inspiration for this one. The author would also like to thank Professor Diane Zimmerman, Professor Mark Lemley, Professor Cynthia Ho, Professor Mark McKenna, Professor Brett Frischmann, Professor Lawrence Solum, Professor Amitai Aviram, Professor Ann Bartow, Professor Paul Heald, Professor Ilhyung Lee, and Professor B.
    [Show full text]
  • The Right of Publicity in the United Kingdom
    Loyola of Los Angeles Entertainment Law Review Volume 18 Number 3 Symposium: International Rights of Article 7 Publicity 3-1-1998 The Right of Publicity in the United Kingdom Hayley Stallard Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation Hayley Stallard, The Right of Publicity in the United Kingdom, 18 Loy. L.A. Ent. L. Rev. 565 (1998). Available at: https://digitalcommons.lmu.edu/elr/vol18/iss3/7 This Symposium is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. THE RIGHT OF PUBLICITY IN THE UNITED KINGDOM Hayley Stallard I. INTRODUCTION This Article discuses the limited scope of the right of publicity as it exists in the United Kingdom.' Unlike in the United States, the law of the United Kingdom ("U.K.") does not recognize a right of publicity or even a distinct right to protect a person's image or likeness from unauthorized use. Despite the common practice of merchandising and endorsement within the United Kingdom, there is no easy or straightforward way under U.K. law to protect a personality from unauthorized commercial exploitation. As in many other countries, however, a person can find a limited amount of protection from other bodies of U.K. law, including various intellectual property laws and personal and business torts.
    [Show full text]
  • GREEK LAW and JURISPRUDENCE on INFRINGEMENTS of PERSONAL PRIVACY & PERSONALITY RIGHTS (2008) by Popi Papantoniou & Christos Gramatidis
    GREEK LAW AND JURISPRUDENCE ON INFRINGEMENTS OF PERSONAL PRIVACY & PERSONALITY RIGHTS (2008) By Popi Papantoniou & Christos Gramatidis I. LAWS REFERRED TO NON-CONTRACTUAL OBLIGATIONS RESULTING FROM INFRINGEMENTS OF PERSONAL PRIVACY AND PERSONALITY RIGHTS 1. Article 9 par. 1 of the Greek Constitution provides that: “The private and family life of the individual is inviolable”. 2. Article 8 par. 1 of the European Convention on Human Rights, as enacted into Greek Law by Law 53/1974, provides that: “Everyone has the right to respect for his private and family life, his home and his correspondence”. 3. Article 57 of the Greek Civil Code provides that: “A person who has suffered an unlawful infringement on his personality has the right to claim the cessation of such infringement as also the non-recurrence thereof in the future. A claim for compensation, according to the provisions about tort, is not excluded”. 4. Article 59 of the Greek Civil Code provides that: “Following the petition of the person infringed and after taking into consideration the kind of the infringement, the Court with its decision may also condemn the liable person to satisfy the moral damage of the person infringed”. 5. In relation to infringement of the personality through the press, Law 1178/1981 on “Civil liability of the press”, as amended and in force today, provides for a fine of at least 30,000 Euros for the newspapers published in Athens and Thessalonica and at least 6,000 Euros for those published in the rest of the country upon a publication that infringes a person’s honour and reputation.
    [Show full text]
  • Right of Privacy and Rights of the Personality
    AGTA Instituti Upsaliensis Iurisprudentiae Gomparativae VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY Working paper prepared for the Nordic Conferen.ee on privacy organized by the International Commission of Jurists, Stockholm M ay 1967 BY STIG STRÜMHOLM STOCKHOLM P. A. NORSTEDT & SÜNERS FÜRLAG ACTA Institut! Upsaliensis Iurisprudentiae Oomparativae AGTA Instituti Upsaliensis Iurisprudentiae Comjmrativae Edidit ÂKE MALMSTROM VIII RIGHT OF PRIVACY AND RIGHTS OF THE PERSONALITY A COMPARATIVE SURVEY (Working Paper prepared for the Nordic Conférence on Privacy organized by the International Commission of Jurists, Stockholm May 1967) By STIG STRÜMHOLM S T O C K H O L M P. A. N O RSTEDT & S ONE R S FÜRLAG © P. A. Norstedt & Sôners fôrlag 1967 Boktryckeri AB Thule, Stockholm 1967 PREFACE One of the author’s most eminent teachers in private law in the Uppsala Faculty of Law once claimed that an action in tort ought to lie against those légal writers who take up a subject to treat it broadly enough to deter others from writing about it but not deeply enough to give any final answers to the questions discussed. Were the law so severe, the present author would undoubtedly have to face a lawsuit for venturing to publish this short study on a topic which demands lengthy and careful considération on almost every point and which has already given rise to an extensive body of case law and of légal writing. This préfacé can be considered as the au­ thor’s plaidoyer in that action, fortunately imaginary. The present study was prepared at the request, and with the most active personal and material support, of the International Commis­ sion of Jurists as a working paper for the Nordic Conférence of Jurists, organized by the Commission in Stockholm in May, 1967.
    [Show full text]
  • Protection of Celebrity Rights – the Problems and the Solutions
    Journal of Intellectual Property Rights Vol 11, November 2006, pp 415-423 Protection of Celebrity Rights – The Problems and the Solutions Anurag Pareek† and Arka Majumdar The West Bengal National University of Juridical Sciences, NUJS Bhawan, 12 L B Block, Sector-III, Salt Lake, Kolkata 700 098 Received 19 August 2006, revised 9 October 2006 Celebrity rights are unique rights, which are distinct from others. It is a form of property, which can be exclusively enjoyed by the celebrity himself. Being a property, it is also susceptible to unauthorized trespasses. This ‘trespass’ takes place mainly in two ways- when the privacy of the celebrity is sought to be compromised for the sake of money, and secondly, when the celebrity’s right to publicity is defeated by its unauthorized use. Both the situations require law and the judiciary to intervene and ensure justice. In the absence of any specific regulatory mechanism to address these issues, it often becomes difficult to protect various celebrity rights like personality/moral rights, privacy rights & the publicity/merchandising right. In India, there is no specific legal remedy for infringement of celebrity rights. Thus the authors identified merits and demerits of various approaches, which protect the publicity rights of a celebrity and recommended appropriate legal regime suited to India. Keywords: Celebrity rights, right to publicity, merchandising rights, right to privacy Many as honour seek celebrity status. In a democracy, expectations from a sportsperson, actor, a spiritual it is normally a reward for success. Sportsmen and guru, a politician, an executive with regard to their artist earn it by skill.
    [Show full text]
  • Legal Strategies for Success in Canada's
    COMPETITIVE ADVANTAGE: LEGAL STRATEGIES FOR SUCCESS IN CANADA’S SPORTS INDUSTRY January 27, 2021 PRESENTERS: SUSAN ABRAMOVITCH, RYAN STEEVES, RENE BISSONNETTE, BRENT ARNOLD MODERATED BY: CLAIRE CARVER-DIAS LEGAL DISCLAIMER • The presentation today is not intended as legal advice. • Because this is a high level overview, it is impossible to cover all relevant details, and your available rights and remedies will depend on the unique facts of each situation, your applicable contract or subcontract, or the nature of your project. • For specific advice, please contact your qualified legal counsel before making any decisions or taking any action. This is of particular importance as every province and territory has its own legal regime. • As you know, the situation is extremely fluid and is changing on a daily basis. As things evolve, your best course of action could also evolve. Please follow up to date and reliable sources for your information. 2 UNDERSTANDING PERSONALITY RIGHTS Susan Abramovitch Partner Head of Entertainment & Sports Law Toronto, Canada +1 416-814-5673 [email protected] 3 TOPICS WE WILL COVER 1. What are personality rights? 2. Why do we want to protect them? 3. What do personality rights protect? 4. How does the law protect personality rights? Susan H. Abramovitch – Head, Entertainment & Sports Law [email protected] 1. WHAT ARE PERSONALITY RIGHTS? • A personality right is a proprietary right in the exclusive marketing for gain of your personality, image and name • Nomenclature: personality rights can also be referred to as image rights, publicity rights, rights against misappropriation, etc. Susan H. Abramovitch – Head, Entertainment & Sports Law 5 [email protected] 2.
    [Show full text]
  • Case Law of the European Court of Human Rights Concerning the Protection of Personal Data
    Strasbourg, June 2018 T-PD(2018)15 CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS CONCERNING THE PROTECTION OF PERSONAL DATA Directorate General Human Rights and Rule of Law This compilation was prepared by the Data Protection Unit of the Council of Europe ([email protected]) and the European Court of Human Rights takes no responsibility for its content. The Court’s judgments are accessible on its Internet site (http://www.echr.coe.int). Thematic Table of Contents Access to Personal Data Eur. Court of HR, Leander v. Sweden, judgment of 26 March 1987, application no. 28 9248/81. Use of information kept in a secret police-register when assessing a person’s suitability for employment on a post of importance for national security. Eur. Court of HR, Gaskin v. The United Kingdom, judgment of 7 July 1989, application 31 no. 10454/83. Refusal to grant former child in care unrestricted access to case records kept by social services. Eur. Court of HR, McMichael v. The United Kingdom, judgment of 24 February 1995, 43 application no. 16424/90. The applicant complained about the non-disclosure to them of some confidential documents submitted in care proceedings. Eur. Court of HR, M.G v. the United Kingdom, judgment of 24 September 2002, 70 application no. 39393/98. Requested access to applicant’s social service records. Eur. Court of HR, Odièvre v. France, judgment of 13 February 2003, application no. 81 42326/98. Applicant complained about her inability to find out about origins of her mother. The Court ruled that the request for disclosure of her mother’s identity, was subject to the latter’s consent being obtained Eur.
    [Show full text]
  • Social Media Vs. Privacy and Personality Rights Some Context
    Social Media vs. Privacy and Personality Rights Some context Presented by: Bob Nakano, Partner February 27, 2020 Privacy in the News o Toronto Sidewalk Labs o Amazon Alexa o Facebook o US $550 million class action o 23andMe o Drug development using DNA of clients 2 Classic Legal Issues (I) o Canada’s Constitution o Section 8 “Everyone has the right to be secure against unreasonable search or seizure.” o Expectation of privacy o Motor vehicle / personal searches o Hotel rooms o Telephone communications 3 Classic Legal Issues (II) o Jones v. Tsige (2012 Ont.) o Improper access by one bank employee of banking and personal information of another bank employee o Invasion of privacy o Publicly placing in false light o Yenovkian v. Gulian (2019 Ont.) o Public disclosure of embarrassing private facts o Appropriation of a person’s name or likeness 4 Canadian Laws o Federal o Privacy Act o Collection of personal information by Federal government o Personal Information Protection and Electronic Documents (PIPEDA) Act o Collection of personal information by private companies o Privacy Commissioner o Provincial o Freedom of Information and Protection of Privacy Act (Ontario) 5 Other Jurisdictions o Europe o General Data Protection Regulations (GDPR), 2018 o Use, protection, disclosure and consent requirements for personal data o Right to be forgotten o United States o California Privacy Act, (2019) 6 Social Media Contracts (I) o User Agreements / Terms of Service You or the owner of your User Content still own the copyright in User Content sent to
    [Show full text]