The Comparative Study of the Theoretical Foundations of the Publicity Right in the United States of America and Iran

Benasbordi, Masoumeh; Qabuli Dorafshan, Sayyed Mohammad Mahdi; Mohseni, Saeed

doi:10.22034/thdad.2019.241699

The Comparative Study of the Theoretical Foundations of the Publicity Right in the United States of America and Iran

Document Type : Original Article

Authors

Masoumeh Benasbordi ¹

Sayyed Mohammad Mahdi Qabuli Dorafshan ²

Saeed Mohseni ³

¹ Graduate of Private Law, Faculty of Law, Ferdowsi University of Mashhad, Mashhad, Iran.

² Associate Professor, Department of Private Law, Faculty of Law, Ferdowsi University of Mashhad, Mashhad, Iran.

³ Associate Professor, Department of Private Law, Faculty of Law, Ferdowsi University of Mashhad, Mashhad, Iran

10.22034/thdad.2019.241699

Abstract

According to most US jurists, the right of publicity is the inherent right of every human to control the commercial exploitation of his or her own identity. This research applying a descriptive, analytical, and comparative method seeks to examine the foundations of this right in the law of the US and Iran. The results of the study indicate that the labor and incentive theories, among the foundations discussed, have attracted widespread attention of the US thinkers. despite all criticisms, the recognition proponents of this right have been able to overcome the opponents, and convince state legislatures to enact protection laws, so that more than half of the states have so far recognized this right by law, Common law, or both. Also, in Iran, the grounds for recognizing the right can be provided by rules such as the need to respect the property and labor of others, the prohibition of detriment to others and the dominion over property.

Keywords

Dominion over Property

Necessity of Respecting the Other Property and Labor

Moral Foundation

Economic Foundation

Consumer Protection Foundation

Prohibition of Detriment to Others