Date of this Version


Document Type

Journal Article

Publication Details

Published Version.

Van Caenegem, William (1990). Different approaches to the protection of celebrities against unauthorised use of their image in advertising in Australia, the United States and the Federal Republic of Germany. European Intellectual Property Review, 12(12), 452-458.

© Copyright ESC Publishing Limited, 1990

Reproduced with permission.




In today's highly competitive commercial environment, consumers are subjected to an unrelenting stream of advertising. This occurs in every conceivable way and at every possible opportunity, mostly through the mass media. In reality the consumer is often faced with a choice between virtually identical products, as far as quality and price are concerned. To gain a commercial advantage over competitors in this world of "bland' brand names and undistinguished products, advertisers employ different techniques. They can turn to a celebrity for help. Celebrities themselves are products of the mass media: they live through them and by them, so they form a logical target for advertisers. It can pay to be famous, or to have a public profile of any kind, because using the image of a celebrity in advertising is effective. So the question of protection of the celebrity's entitlements poses itself: should the value of celebrity be protected and how?



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