By Gert Brüggemeier, Aurelia Colombi Ciacchi, Patrick O'Callaghan
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R. Bertrand, ‘A New Neighbouring Right to Copyright’ (1991) 13 European Intellectual Property Review 184. 1988, JCP 1989, II, 21329, note by J. Henderycksen (quoted from Bertrands, ‘A New Neighbouring Right to Copyright’ at 186); cf. E. Gaillard, ‘La double nature du droit à l’image et ses conséquences en droit francais’ (1984) D. chron. 26. 2004, Gaz. Pal. 2004 no. 328, p. 14. 18 per sona li t y r igh ts in europe a n tort l aw B. Germany49 ‘A general personality right is alien to the [German] civil law’ – this was stated by the Imperial Court (Reichsgericht – RG) in 1908,50 almost at the same time as Perreau assumed the categorisation of the French law on personality rights.
63 64 65 66 67 Remedies in case of violation are abatement and forbearance. 1899, RGZ 45, 170. Unlike the trial court, the RG denied the personality rights of the children and conventionally referred to the Ius Commune actio ob iniustam causam. The story of this case is told and the Bismarck-photograph reproduced in G. Brüggemeier, Haftungsrecht (Heidelberg: 2006), pp. 297 et seq. So-called Personen der Zeitgeschichte (persons of contemporary society). The Kunsturhebergesetz was repealed by an all-encompassing Copyrights Act (Urheberrechtsgesetz) in 1965.
On the US, see J. T. , Eagan: 2002); for Europe see H. Beverly-Smith, A. Ohly and A. LucasSchloetter, Privacy, Property and Personality. Civil Law Perspectives on Commercial Appropriation (Cambridge: 2005). The leading German monograph is H. P. Götting, Persönlichkeitsrechte als Vermögensrechte (Tübingen: 1995). prot ect ion of per sona li t y r igh ts in europe 7 The notion ‘persona’, personnalité or persönlichkeit appeared in the legal world at two different periods in history and in two different forms – ﬁrstly through the Institutes of Gaius in the second century AD,7 which later inspired the Institutiones of Justinian’s Corpus Iuris Civilis in the sixth century AD (a legal transfer from Rome to Byzantium).