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Illegal use the own image right in virtual space

Author

Listed:
  • Valeria Gheorghiu

    (Bioterra University, Bucharest)

Abstract

Image plays a vital role in modern society. The significance of the person’s image is expressed in the civil law through the legislative or jurisprudential recognition of the protection autonomy of a person’s image in relation to protecting other aspects of their personhood. Since the image consists of the person’s representation, identification of the person appears to be an obvious and sufficient condition for awarding protection. The civil law approach based on the right to a private life or the right of personality is expressed mainly either through a duality reflection of the extra-patrimonial and patrimonial attributes to one’s own image or through the recognition of a single right with a dual nature. In present, the popularity explosion of social media application, besides the benefits offered by the total remove of communication barriers, generted some disputes regarding to the practising and the defens of the own image which is one of many rights of the human personality. In this way, this study encourage to reflect at this problem to see how we can practice and protect this right.

Suggested Citation

  • Valeria Gheorghiu, 2018. "Illegal use the own image right in virtual space," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 8(1), pages 210-220, March.
    • Handle: RePEc:asr:journl:v:8:y:2018:i:1:p:210-220
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    More about this item

    Keywords

    the rights of personality; image protection; limits; social media.;
    All these keywords.

    JEL classification:

    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K24 - Law and Economics - - Regulation and Business Law - - - Cyber Law

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