Illegal use the own image right in virtual space

Author:Valeria Gheorghiu
Position:Bioterra University, Bucharest
Pages:210-220
Illegal use the own image right in virtual space
Associate professor Valeria GHEORGHIU
1
Abstract
Image plays a vital role in modern society. The significance of the person’s image
is expressed in the civil law through the legislative or jurisprudential recognition of the
protection autonomy of a person’s image in relation to protecting other aspects of their
personhood. Since the image consists of the person ’s rep resentation, identification of the
person appears to be an obvious and sufficient condition for awarding protection. The civil
law appro ach based on the right to a private life or the rig ht of personality is expressed
mainly either through a duality reflection of the extra-patrimonial and patrimonial attributes
to one’s own image or through the recognition of a single right with a dual nature. In present,
the popularity explosion of social media application, besides the benefits offered by the total
remove of communication b arriers, generted some disputes regarding to the practising and
the defens of the own image which is one of many rights of the human p ersonality. In this
way, this study encourag e to reflect at this problem to see h ow we can practice and protect
this right.
Keywords: the rights of personality, image protection, limits, social media.
JEL Classification: K15, K24
1. General aspect
The rights of personality are rights inherent to the quality of human
person. These rights belong to any individual by the very fact that he is a human
being. Undoubtedly, every person living in society has individual beings and social
beings. From the simple fact that we live, we breathe - from the first cry to the last
breath - we have the feeling that we have rights, innate rights in our being, and feel
that every human being naturally has the same rights. On the other hand, we try to
feel that each is unique and, at the same time, that we are different, that our situation
is particular, our singular condition, each according to its age, gender, family, origin,
nationality, profession, religion. Perhaps, for this reason, common language often
avoids the word equality, and when invoked is used in a curative sense of
condemnation of discrimination. There is an ambivalence between the notions of
individual, subject and person: the individual is at the same time unique and similar,
the subject is simultaneously sovereign and enslaved, the person is both flesh and
spirit
2
. It is true that all men are equal in nature, equally free, equally noble
3
. But
1
Valeria Gheorghiu - Bioterra University, Bucharest, valeria.gheorghiu@yahoo.com.
2
A. Supiot, Homo Juridicus, Rosetti Publishing House, Bucharest, 2011, p. 70.
3
E. Le Roy, Les Africains et l'lnstitution de la Justice. Entre mimetismes et metissages, Dalloz, 2004,
pp. 231-233.

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