Propunere de lege ferenda privind reglementarea dreptului la imagine asupra bunurilor
De lege ferenda proposal concerning the regulation of image rights on goods

Summary/Abstract: What is the image? According to the dictionary, the image is the visual appearance, the physical aspect of a person or object, which represents a right for that person. But are things really like that? If things are rather clear when talking about the image of a person, our doctrine is rather poor in regulating the objects’ image; our jurisprudence does not provide examples in this respect. This is why, with the help of the French and German doctrine and jurisprudence, we tried to open new possible directions of research in this area. In this study, we postulated the idea that the owner acquires his right due to the exclusivity of his right of use. If a third party, being in possession of an object, exploits for its own profit the reproduction of this image, it appropriates a part of the economic utility of that object. By so doing, it infringes on the exclusiveness of the right of use that the absolute property guarantees to its holder. Therefore, the owner does not have on the image of their object as such, an exclusive right that could invest him with the absolute prerogative of forbidding the reproduction of that object. But, by means of the right of use, the owner can have a right on the image of their object. We also envisaged the conditions under which the reproduction of the image of an object is lawful and we advanced a de lege ferenda proposal regarding the image of objects.

• Details
• Contents