Background[ edit ] Interest in determining whether there were any generalities in behavior began in the s and 30s. The book also assessed studies regarding measurements of behavior from one situation to another.
Classification[ edit ] Personality rights are generally considered to consist of two types of rights: In common law jurisdictions, publicity rights fall into the realm of the tort of passing off.
United States jurisprudence has substantially extended this right. A commonly cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how, if at all, his or her "persona" is commercialized by third parties.
Usually, the motivation to engage in such commercialization is to help propel sales or visibility for a product or service, which usually amounts to some form of commercial speech which in turn receives the lowest level of judicial scrutiny. If an individual violates this right they will have to go through a lawsuit.
In contrast with common law jurisdictions, most civil law jurisdictions have specific civil code provisions that protect an individual's image, personal data and other generally private information.
Exceptions have been carved out of these general, broad privacy rights when dealing with news and public figures. Thus, while it may violate an ordinary citizen's privacy to speak about their medical records, one is generally allowed to report on more intimate details in the lives of celebrities and politicians.
Unlike most common law jurisdictions the personality rights in civil law are generally inheritable, thus one can make a claim against someone who invades the privacy of a deceased relative if the memory of their character is besmirched by such publication.
Thus personality rights are, generally speaking, judge-made law, though there are jurisdictions where some aspects of personality rights are statutory. In some jurisdictions, publicity rights and privacy rights are not clearly distinguished, and the term publicity right is generally used.
In a publicity rights case the issue to decide is whether a significant section of the public would be misled into believing incorrectly that a commercial arrangement had been concluded between a plaintiff and a defendant under which the plaintiff agreed to the advertising involving the image or reputation of a famous person.
The actionable misrepresentation requires a suggestion that the plaintiff has endorsed or licensed the defendant's products, or somehow can exercise control over those products. This is done by way of the tort of passing off. The meaning of the law is best illustrated by principal cases on the subject.
Australia[ edit ] In Australia, false association or endorsement is actionable via the law of passing offnot a separate law of "right of personality". The Henderson case  was a decision of the Supreme Court of New South Wales both the first instance and appellate jurisdiction. The plaintiffs were ballroom dancers and they sued the defendant in passing off alleging it wrongfully published their photograph on the cover of a gramophone record entitled Strictly for Dancing: An injunction was granted on the ground that the use suggested the plaintiffs recommended or approved of the defendant's goods, or had some connection with the goods.
However, in the case of Honey v Australian Airlines,  Gary Honey, a well known Australian athlete failed in his attempt to get a damages award after Australian Airlines used a photograph of him in action on a poster without his permission.
The judge held, in essence, that the poster depicted excellence in general rather than a particular person. Statutory protection[ edit ] The provinces of British ColumbiaManitobaNewfoundland and Labradorand Saskatchewan have enacted privacy legislation dealing with personality rights, which have the following traits: The plaintiff must be identified or identifiable by the use made of his persona.
An action for the appropriation of personality can only succeed where the defendant intended to commit the wrong but British Columbia has no "intention" requirement. An appropriation of personality is actionable without proof of damages.
The right of action for appropriation of personality is extinguished upon the death of the person whose privacy was violated. The following constitute statutory defences in all four provinces: The Manitoba Act provides additional defences.
Common law provinces[ edit ] Canadian common law recognizes a limited right to personality. It was first acknowledged in the Ontario decision of Krouse v.
This right was later expanded upon in Athans v. Canadian Adventure Camps where the Court held that the personality right included both image and name.
In Gould Estate v.
The general tort of appropriation of personality is still in development, but it is currently[ when? An action for appropriation of personality will have to be intentional for a plaintiff to recover at common law.Advances in Consumer Research Volume 22, Pages A BRAND AS A CHARACTER, A PARTNER AND A PERSON: THREE PERSPECTIVES ON THE QUESTION OF BRAND PERSONALITY.
Psychodynamic theories of personality are heavily influenced by the work of Sigmund Freud and emphasize the influence of the unconscious mind and childhood experiences on personality. Psychodynamic theories include Sigmund Freud's psychosexual stage theory and Erik Erikson's stages of psychosocial development.
1. What does the mask typify? The mask is a individual or personality that is seen by people who can merely see that type of individual or that specific personality w/in that single. More specifically, knowing how oxytocin influences personality (although oxytocin's influence on behavior is still in question) would suggest that knowing variations in specific SNPs on the.
Some assessments might look at how people rank on specific traits, such as whether they are high in extroversion, conscientiousness, or openness.
Other assessments might measure how specific aspects of personality change over the course of development. If we focus on the personality of a specific individual, we can define it as that person’s particular set of enduring dispositions or long-term tendencies to think, feel and act in particular ways.
We’re not talking about specific actions being repeated again and again, like compulsive hand-washing, but about overall patterns, tendencies.