In Brazil, the Statute for Children and Youth (CCE in Portuguese) dealt directly and indirectly with the relationship between children and the media. [16] The Court grants children basic civil and human rights, including freedom of expression and the right to image, ideas and identity, etc. In particular, article 18 emphasizes that everyone has a responsibility to protect the dignity of children and to protect them from any violent or frightening situation. [16] In addition, Articles 74 to 80 provide children with legal protection for harmful public media such as violent television programmes. [16] Having acquired a pronounced reputation and importance in the eyes of the public, celebrity can be used as a market commodity of any kind. Individual personality is used as the basis for selling products (Turner, 2007, p. 195). Whether a person is a carrier of an affected, attributed or attributed celebrity, products that benefit from such celebrity must reflect the characteristics of the individual. In this regard, the most valuable parts of celebrity are the name and likeness of the person involved, which can be attached to a particular product. But since it is a part of one`s own personality, the basic legal regulatory approach is a «personality right» based on human rights.
As an example of civil courts, Germany has adopted a fundamental rights-based approach which, through Articles 1 and 2 of the Basic Law (Basic Law), grants a right of review over the entire public presentation (see Hofmann, 2010, p. 327). After weighing personal and foreign interests, everyone has the right to prohibit the use of their portrait and name for unauthorized purposes. These claims are based on § 22 KUG (Art Copyright Act) and § 12 BGB (Civil Code), which are specifications of Art. 1 and 2 GG (Basic Law). In addition, the reporting of a person may be interrupted in the event of a breach of general personality law (§ 823 I BGB, art. 1 and 2 GG) (see Mueller, 2009, p. 86; Wanckel, 2011, p. 727 et seq.; Kastell, 2013, p.
209 et seq.). The American concept of «public law» has taken a different path. Originally developed from the right to privacy (the right to be «left alone»), property-type advertising today regulates all economically valuable aspects of personality – often justified by the assumption that one should be able to reap the fruits of one`s labor (i.e., one`s own personality) (Nimmer, 1954, p. 216). The United Kingdom has no personality or personality rights. In fact, there have been actions based on a data protection law compared to the 1998 Human Rights Act, but all these actions concerning celebrities have so far failed (Wall, 2003, p. 38). English law is reluctant to recognize the rights of celebrities in their respective names, voices or images. In fact, stakeholders must rely on the circumstances of the case to obtain protection. Defamation, disclosure and breach of trust may be applicable legal instruments if third parties use a certain image without consent (Hofmann, 2010, pp.
331-337). But all these actions originally have different objectives. Slander and breach of trust centralize people. While the right to defamation refers to the allegation of not being publicly devalued, a breach of trust concerns the disclosure of confidential (personal) information. Although this is a commercial right, the courts have used personal justifications in celebrity trust cases, as reliable information will always be any type of personal data of the individual (for example, Douglas v Hello! Ltd. [2003] EWHC 786 to H23). Not all personal names are trademarks. In fact, not all celebrity names are trademarks. A trademark is a word, name, graphic, phrase, color, sound, or even smell that identifies a unique source of goods or services. A personal name is not a trademark unless it is associated in the minds of consumers with certain goods or services.
The USPTO Guide to Trademark Registration Rules of the United States Patent and Trademark Office states that a personal name, both real names and pseudonyms, of individuals will act as trademarks only «if they identify and distinguish the services, not just the individual.» Scientist Kinta Hung suggests that the «entertainment double path model» shows that fans and non-fans choose different ways to connect with their favorite celebrities.[12] Non-fans pay attention to celebrities and published news to escape boredom. For fans, they have set up a much higher emotional investment to create an individual «bond» with celebrities that gives them joy and a sense of satisfaction. [12] Fans try to get closer to their idols physically and mentally by attending concerts, movies, and fan meetings. The term harassment also exists among fans, as fans can be obsessed with their celebrities in extreme circumstances and invade the privacy of celebrities. [12] Scientist Jens Hoffman argued that this is the result of pathological fixation.