Kişilik Hakkını Oluşturan Kimi Unsurların Ticari Amaçlı İzinsiz Kullanımı

Abstract

The right of personality is consisted of various elements. Some elements of this right can be used for commercial purposes. The rights such as, the right to one’s own name, the right to one’s own picture (image), the right to one’s own voice are suitable for commercial use providing that the owner of this rights agrees to such use under a license agreement. Use of this kind of personality features without permission leads to violation of the right to personality. Exceeding the scope of the consent given under a license agreement causes both contractual and tortious liability. The injured party (celebrity or not) may claim compensation for pecuniary and non-pecuniary damages. The provision of the Code of Obligations relating to false agency without authorisation may also be applied.