Abstract:
The objective of this thesis is to study the protection of celebritys identity right. The celebritys identity has its economic value that can be commercially appropriated in various ways; but the legal protection of such right in Thai Law is uncertain because it is not legally recognized. Then it should be recognized by the enactment of sui generic law. However, the author found that this right in the legal provisions of the Federal Republic of Germany and of the United States of America is protected under Tort law and there is no difference between Celebritys right and that of Non-celebrity. Therefore, in Thai Law the author opined that a persons identity right can also be protected by Tort law. In Thai Law, persons identity can be legally recognized as the persons name according to the Civil and Commercial Code Section 18, and in case of a persons other indicia identity (e.g. image, voice), it should be recognized as privacy right according to Article 35 of the Constitution of Thailand B.E. 2550. Therefore, the commercial appropriation of a persons identity without consent of the owner is an infringement of other rights, according to Section 420 of the Civil and Commercial Code. Moreover, the commercial appropriation of a persons identity, in case of using another person to imitate celebritys personality, celebrity who was imitated cant be the injured person since the appropriated person is not the celebrity. However, in this case, the author opined that this type of appropriation is an Abuse of Right under Tort Law according to Section 420 incorporate with Section 421, consequently this misappropriation can also be protected by Tort Law. Nevertheless, the commercial appropriation of a persons identity in case of a deceased person cant be protected by Tort law because a persons identities which are legally recognized as persons name and as privacy right are personal rights, which cannot be passed on to his/her heir according to Inheritance Law. Therefore a deceased persons identity should be given protection under provisions of other laws, for example, as a copyrighted work under Copyright Act.