2010•Edinburgh Law ReviewOpen access

Publicity and Image Rights in Scots Law

Gillian Black

Abstract

A. INTRODUCTION B. DELINEATING PUBLICITY EXPLOITATION (1) Use (2) Subject matter (3) Some terminology C. OBSERVATIONS FROM ABROAD (1) Publicity rights as property rights (2) Publicity rights as personality rights D. SCOTTISH RESPONSES (1) Early cases (2) Contemporary models (a) Passing off (b) Privacy (c) Defamation (d) Data protection (3) The position in summary E. EXCLUSIVE PRIVILEGE (1) From government to commerce (2) Publicity as exclusive privilege

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Key concepts: Publicity, Privilege (computing), Political science, Law, Government (linguistics), Harm, Subject (documents), Terminology