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Right to one's own image
Mach Šimerdová, Anna ; Pítra, Vladimír (referee)
Right to one's own image Abstract The aim of this thesis is to describe the conditions of capturing someone's image and of further portrait use under the law of the Czech Republic. Its content is based on the state of play on legislation after adoption of the new Civil Code (effective since 1 January 2014) but reflects also older literature and especially case law. This thesis begins with an explanation of the constitutional fundamentals of personality protection, followed by a description of personality protection itself. The substantial part of the thesis focuses on the right to one's own image and to right to portrait. Generally, capturing one's appearance is possible only upon one's prior consent but there exist several exceptions: interest license, official license, scientific license, artistic license and newspaper license. The situation is different with public figures as the level of their privacy protection is lower than the level of privacy protection of "ordinary" people. The judgment of the European Court of Human Rights in the case of von Hannover v. Germany in 2004 was ground-breaking, saying that the public has the right to be informed about facts which intrude into the privacy of public figures, as long as these facts are capable of contributing to a debate on matters of public interest in a...
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Right to one's own image
Šimerdová, Anna ; Křesťanová, Veronika (advisor) ; Holcová, Irena (referee)
The aim of this thesis is to describe the conditions of capturing someone's image and of further portrait use under the law of the Czech Republic. Its content reflects recent fundamental changes in Czech civil law through the new Civil Code, effective since 1 January 2014. This thesis begins with an explanation of the constitutional fundamentals of personality protection, followed by a description of personality protection itself. The major part of the thesis focuses on the right to one's own image and to right to portrait. Generally, capturing one's appearance is possible only upon one's prior consent but there exist several exceptions: interest license, official license, scientific license, artistic license and newspaper license. The situation is different with public figures as the level of their privacy protection is lower than the level of privacy protection of "ordinary" people. The judgment of the European Court of Human Rights in the case of von Hannover v. Germany in 2004 was ground-breaking, saying that the public has the right to be informed about facts which intrude into the privacy of public figures, as long as these facts are capable of contributing to a debate on matters of public interest in a democratic society. In the case of a breach of the right to one's own image and to the right to...
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