Philosophical Foundations of the Materialism of the Right to Publicity and the Imperative of Its Protection

Document Type : Original Article

Authors

1 Assistant Professor of Law Department, Faculty of Law and Theology, Shahid Bahonar University of Kerman, Kerman, Iran

2 MA Student of Law Department, Faculty of Law and Theology, Shahid Bahonar University of Kerman, Kerman, Iran;

10.22091/diplic.2024.10191.1005

Abstract

The right of publicity is a fundamental entitlement inherent to every individual, encompassing their control over the use of their identity and personality within the commercial realm. It is commonly referred to as a financial right due to its economic implications. This study aims to elucidate the philosophical underpinnings of the right to fame as a form of property and emphasize the necessity of its protection. The choice of exploring the philosophical foundations of the materialism of the right to fame stems from the limited investigation and scarce literature on this subject. The research incorporates the philosophical perspectives of notable figures such as Locke, Immanuel Kant, and Hegel. The study adopts a library research methodology, presenting the topic in a descriptiveanalytical manner. In contemporary times, individuals of prominence often license their identity attributes, including their name, voice, image, and more, to those seeking to capitalize on their fame and attract public interest in specific products or services. The right to fame grants individuals control over their rights, preventing unauthorized exploitation and misappropriation for financialgain. It also acknowledges the value of the time and effort invested by famous personalities in building their reputation. Therefore, the protection of the right to fame is essential to safeguard these rights and uphold the aforementioned justifications.

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Insights of Intellectual Property Law in Islamic Countries
Volume 1, Issue 1 - Serial Number 1
February 2025
Pages 63-75

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