A Comparative Analysis on Legal Protection of Sport Publicity or Commercial Sport Image Rights

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RAHBARI EBRAHIM; Lajm Orak Hassan

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2020 | Volume:83 | Issue:108 Page(s): 205-224

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Information Journal Paper

Title

A Comparative Analysis on Legal Protection of Sport Publicity or Commercial Sport Image Rights

Author(s)

RAHBARI EBRAHIM | Lajm Orak Hassan | Issue Writer Certificate

Keywords

Publicity rightQ1

Image rightQ2

TrademarkQ2

Intellectual property rightsQ2

Sport lawQ1

Abstract

The Right of Publicity in Sports or sport Image rights are rights by which athletes enjoy exclusive advantages in exploiting their publicity, image, personality and identity and can grant others the permission to use them. On the other hand, one may prevent the unauthorized use of these rights by others. Studying other legal system’ s principles and approaches in such field, this article analyzes the process of formation and recognition of these rights for athletes and examines the reasons for its existence and its justifications and solutions against those who infringe these rights. In some legal systems, these rights have been recognized as independent rights and their commercial value which is attached to the identity of athletes is legally under protection; though some exceptions remain. Registering images as Trademarks, exploiting the potentials of passing off actions and trade secrets system as well as dilutions actions, help athletes supporting their rights in such field. Although In Iranian law the existence of some obscure regulations beside some general rules such as the necessity of protection of the rights relating to the personality and civil responsibilities may help to some extent, but the results of this paper indicate the ambiguity and the lack of efficiency of Iranian's existing regulations and legal literature regarding to the effective protection of athletes' rights to their publicity and images. This necessitates the establishment of rules in this fields, in order to fill the gaps and correct the legal deficiencies.

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APA: Copy

RAHBARI, EBRAHIM, & Lajm Orak, Hassan. (2020). A Comparative Analysis on Legal Protection of Sport Publicity or Commercial Sport Image Rights. THE JUDICIARY’S LAW JOURNAL, 83(108 ), 205-224. SID. https://sid.ir/paper/138010/en

Vancouver: Copy

RAHBARI EBRAHIM, Lajm Orak Hassan. A Comparative Analysis on Legal Protection of Sport Publicity or Commercial Sport Image Rights. THE JUDICIARY’S LAW JOURNAL[Internet]. 2020;83(108 ):205-224. Available from: https://sid.ir/paper/138010/en

IEEE: Copy

EBRAHIM RAHBARI, and Hassan Lajm Orak, “A Comparative Analysis on Legal Protection of Sport Publicity or Commercial Sport Image Rights,” THE JUDICIARY’S LAW JOURNAL, vol. 83, no. 108 , pp. 205–224, 2020, [Online]. Available: https://sid.ir/paper/138010/en

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