Persönlichkeitsschutz und Kommerzialisierung

In view of the actual commercialization of aspects of the individual's persona, Rüdiger Klüber analyzes the legal and economic framework for this development. His main objective in comparing the German to US law is to show the economic determinants, which had been given little attention up to now, and to use the economic theory as a supplement to legal methodology. Based on these insights, the author examines the rationale for granting an exclusive right to control the commercial value und the exploitation of these intangible assets, the boundaries of such an intellectual property right and the necessity to establish effective remedies. In this context, he explains the central prerequisites for the enforcement of these property rights and the rational use of the concept of prevention.