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Illegal use the own image right in virtual space

Valeria Gheorghiu ()
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Valeria Gheorghiu: Bioterra University, Bucharest

Juridical Tribune (Tribuna Juridica), 2018, vol. 8, issue 1, 210-220

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.

Keywords: the rights of personality; image protection; limits; social media. (search for similar items in EconPapers)
JEL-codes: K15 K24 (search for similar items in EconPapers)
Date: 2018
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Handle: RePEc:asr:journl:v:8:y:2018:i:1:p:210-220