CHAPTER 3: ACTIONS THAT CONSTITUTE APPROPRIATION OF PERSONALITY RIGHTS
This chapter delves into the actions and elements that amount to appropriation of personality rights of individuals which can well be extended to sports persons. It analyses the problem underlying appropriation and the economic interests attached thereto. It also focuses on the approach adopted by various Courts in how they determine the elements of appropriation as a tort.
Introduction
"That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection."
In the words of Frazer, the concept of an individual's personality
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Nonetheless, this approach is not without its flaws, as was evidenced by cases such as Hogan v Koala Dundee Pty Ltd. In this case, the defendants had used images extracted from the plaintiffs’ film, ‘Crocodile Dundee’, and, specifically, had used the name ‘Dundee’ on their merchandise without the defendant’s consent. As per Pincus J, it was viable to bring a passing off action concerning an image, including a name, unrelated with any business at all’. This brilliant, novel and wide proposition can be extended to the personality rights of sports …show more content…
Manning J explained, stating that the development in the advertising business had ‘opened up a new field of gainful employment for many persons, who, by reason not only of their sporting... have attracted notoriety, and found themselves in a position to earn substantial sums of money by lending their recommendation or sponsorship to an almost infinite variety of commodities’.
(ii) Misrepresentation
Cases of appropriation of personality rights are usually concerned with misrepresentations plaintiff’s reputation, which leads to public confusion, therefore resulting in damage or a real threat to damage to the plaintiff. As evidenced in the Henderson case, the actions of the defendant amounted to a misrepresentation that the business of the plaintiff was affiliated with the business of the defendant. The idea of a business, as mentioned above, was interpreted in its broadest sense to include professions and callings.
(iii)
In Introduction to the Philosophy of Sport, Heather L. Reid presents a discussion of how ethics is treated in the arena of Olympism and some of the struggles of defining and how or if the ethical guidelines should be enforced. Reid notes, “Some would say that ethical principles are always the product of a particular culture, so there can no more be universal ethical principles than there can be a universal culture” (Reid, 22). I disagree with the notion that there cannot be universal ethical principles for athletes to follow in sport because even across cultures there are general morals that shape the lives of people from all over the world. For example, murder and cheating are inherently immoral actions, no matter where someone comes from;
Over the last several years, it has become undeniable that any kind of sport can, and will, be sensationalized and commercialized by the people from the great companies like “Coca-Cola, Pepsi Cola, and Marlboro” (1667). These companies have hundreds of thousands of dollars budgeted each year to pour into sports in the form of sponsorships, advertising, etc. Once the sponsorships are introduced into a sport, it is exactly the kind of thing that will push an athlete out of competition. An athlete will find himself in a “make-it or break-it” situation. If an athlete receives a sponsorship, then the money is free flowing for equipment, testing, training, etc – anything that the athlete wants or needs to aid in putting him...
In the past recent years, we have heard in the news around cases involving assault and battery cases involving professional athletes or other celebrity figures, however, it is “not uncommon in the sport and recreation environment for a person to be harmed as a result of another’s intentional conduct, both on and off the “field of play” Cotten & Wolohan, p. 214). Nonetheless, it is important to understand that the term “liability” is often not limited to athletes-as-combatants. For example, in Law for recreation & sport managers uses an example from page 215 that discusses a youth football game regarding how a referee was attacked by three coaches and also was tackled by a 14-year-old player, resulting in charges of felony battery. Thus, Hamakawa remarks to say, ”recreation and sport managers should be aware that their organizations are not immune from incidents involving participants, parents and other spectators, coaches, and officials, security
Gevinson, Matilda. Ethical Rules on Sport’s Justice. Dallas: East Dallas Times, page 21. 2008. Print
This research paper will determine whether professional athletes deserve a second chance to play in professional sports after inappropriate behaviors. Professional athletes are considered idols and are often held to higher standards. Society has become concerned with so many of today’s athletes making the evening news for their unsuitable behaviors.
John Mills, a moral philosopher, “feared state intervention into private affairs because he thought that “some projects are more worthy than others, and liberty is needed precisely to find out what is valuable in life, to question, re-examine, and revise our beliefs about value”” (Leclerc & Herrera, 1999, p. 427). When given the choice to participate in boxing, athletes have the right
I believe our personalities make up who we are and how others perceive us at times. Personalities are our own unique qualities, that we possess as individuals. In writing this short paper, I have found that psychologists use assessments to define an individual’s personality to determine their qualities and what makes them different from other individuals. Through the Big Five Personality test, I found it difficult to define and understand an individual personality
After evaluating 49 different definitions from the literature, Gordon W. Allport concluded’ “Personality is the dynamic organization within the individual of those psycho-physical systems that determine his characteristics behaviour and thought or unique adjustment to the environment. (Shergill 403)
"Personality is the dynamic organization within the individual of those psychophysical systems that determine his or her characteristic behavior or thought"
When examining the issue of criminal acts in sports it is easy to realize that there are many places where these acts occur. The range of these acts is far more vast than just in the professional arenas. This is, however, what the public sees and hears about most often. While this is one of the major topics of this paper, criminal acts are found in all of sport ranging from professionals, to college, high school, and in youth sports, including the reaction of the fans. This paper will take an in-depth look at the four major points regarding criminal acts in sport: the acts themselves; the consequences of those acts; the possible reasons for the acts occurring; an analysis of a few major events that have occurred and the possible solutions to the problem of criminal acts in sport. In the section about fan reaction to sport, there will be an overall account of the individual acts and not personal cases due to the overload of personal events that occur.
Personality is a branch of scientific discipline that studies temperament and its variation among people. It is a dynamic and a set of characteristics possessed by their atmosphere, cognitions, emotions, motivations and behaviours in various things. Personality conjointly refers to the pattern of thoughts, feelings, social adjustments and behaviour consistently exhibited over time that powerfully influences one’s exceptions, self-perceptions, values and attitudes. It also predicts human reactions to different folks, problems and stress.
Gardiner, op. cit. p. 491 – 493; and DG Jones and AB Smith, Law and the Business of Sport, Butterworths, London, 1997, p. 173-177.
Sporting and the Law Introduction Sport in Australia is a major deal, over 9.5 million Australian’s participated in club sport last year, this was not including referees, coaches, officials and administrators. To add to this number millions and millions tune in every week to watch sports such as AFL and NRL. Both of these sports have many players that are many Australians heroes so they both have a major influence on the way we act in everyday life. However the too codes have a poor reputation of on field behaviour which has led to multiple violent incidents on the field which leads to poor fan behaviour.
In a moral context, it is important to understand the extension of unethical conduct on the field to the inevitable corruption of personal life that becomes part of societal interaction. This type of behavior can extend to sexual misconduct (rape, marital infidelity, etc.), violence, and criminal activity. In modern sporting culture, the popularity and great success of athletes tends to tempt tem into thinking that the game they play is also being played in their personal lives. This form of public personae affects the way they view lawful conduct and morality as a means to achieve success in family life, personal choices, and the management of their daily activities off the field. The public image dictates the way they interact with other people outside of their professional careers. More so, the promotion of immoral and unethical behaviors in sporting institutions set another precedent in which athletes are encouraged to behave through a gamesmanship model. The enculturation of corrupt business practices tend to create a culture of winning as the primary goal of attaining greater wealth and financial prosperity over the sportsmanship qualities that can increase the ethical and moral culture of athletic performance. These moral aspects of off-field behavior define the underlying extension of gamesmanship as a part of immoral behavior by professional athletes:
Sports stars exhibit their talent through winning and ranking. However, through success, many values are taught. Values such as personal responsibility, integrity and respect for one’s self and others are replaced with greed, selfishness and the ‘I win-you lose’ mentality. It is sad to think that sport and brilliant sport stars will become emblems of greed and selfishness.