Publication details
Between Dignity and Commodification: The Economic Exploitation of Personality Rights in German, Austrian, Swiss, and Czech Law
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| Year of publication | 2025 |
| Type | Appeared in Conference without Proceedings |
| MU Faculty or unit | |
| Citation | |
| Description | The presentation explores the commercialization of personality rights in selected European jurisdictions, focusing on the shift from an idealistic to a dualistic understanding of human dignity and economic value. It examines the legal framework governing the consent and transferability of personality rights, including post-mortem protection, inheritance, licensing, and the duration of protection. Special attention is devoted to emerging challenges such as AI-driven exploitation of persona and the commodification of image, likeness, and voice after death. A comparative analysis of German, Austrian, Swiss, and Czech law highlights diverging approaches to recognizing and regulating economic aspects of personality rights. The presentation further considers international private law issues in cross-border disputes, both contractual and non-contractual, and discusses whether EU-level intervention is desirable. The conclusion reflects on possible legislative reforms to balance human dignity with commercial exploitation. |
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