The media freedom to inform v. celebrities' personality rights

This thesis deals with the celebrities privacy and publicity rights as part of the broader personality rights concept, as it is known in the German legal theory. The origin, scope, and legal protection of privacy and publicity rights, as well as their various aspects are discussed. Conflicts between these rights and the right of the media to freely inform the public are discussed, in order to evaluate which will prevail in various contexts. The approaches of the two countries, the United States and Germany, with regard to these issues are compared, highlighting the main similarities and differences, particularly as concerns the balancing process. This comparative study is supplemented by discussion of the relevant statutory and case law of the two countries.

Autorentext

Jozef Cupa (born April 30,1983) graduated from the Law Faculty of the Charles University in Prague, Czech Republic, in 2006 and subsequently earned his LL.M. degree in Comparative Constitutional Law and European Law from the Central European University in Budapest, Hungary.

Klappentext

This thesis deals with the celebrities' privacy and publicity rights as part of the broader personality rights concept, as it is known in the German legal theory. The origin, scope, and legal protection of privacy and publicity rights, as well as their various aspects are discussed. Conflicts between these rights and the right of the media to freely inform the public are discussed, in order to evaluate which will prevail in various contexts. The approaches of the two countries, the United States and Germany, with regard to these issues are compared, highlighting the main similarities and differences, particularly as concerns the balancing process. This comparative study is supplemented by discussion of the relevant statutory and case law of the two countries.