Abstract
Laws are still incapable to protect personality rights. They are also incapable to provide an effective legal framework for protecting such rights. The same applies to one’s rights to privacy, especially image right. Protecting the latter right is necessary due to the recent technological development in the field of photography. Protecting one’s image right is also necessary due to the availability of various means that can be used for infringing this right. Having such a variety led to the rise of legal problems and issues. Hence, the present study aimed to explore the civil legal protection of one’s image right under the Jordanian, French, and Egyptian laws. It was found that one’s image right is protected by the general provision set in article 48 of the Jordanian civil law. The latter article deals with personality rights in general. However, the Jordanian legislator must adopt the same approach adopted by the French legislator. That is represented in adjusting article 48 of the Jordanian civil law to protect the image right as an independent right. That must be done due to the significance of the latter right. Keywords : Image right, personality rights, privacy rights. DOI : 10.7176/JLPG/82-17
Highlights
Before the invention of the modern photographic devices, people didn’t suffer from any legal problem related to photography
That was explored through exploring the legal framework set for protecting the latter right. Such protection was explored through identifying the mechanism used for determining the value of the compensation set for making up for the damages resulting from infringing someone’s image right. All of these thigs were explored to identify whether the existing legislations of the Jordanian civil law are sufficient for ensuring that the image right
There is a debate among jurists about the answer to the following question: (Is image right considered one of the privacy rights?)
Summary
Before the invention of the modern photographic devices, people didn’t suffer from any legal problem related to photography. At the beginning of the second half of the 19th century, the French judiciary and jurists have recognized one’s right to protect his image The latter right authorizes one to object to publishing or creating his image without having his prior approval. Protecting one’s image right is necessary due to the availability of various means that can be used for infringing this right Having such a variety led to the rise of legal problems and issues. Such protection was explored through identifying the mechanism used for determining the value of the compensation set for making up for the damages resulting from infringing someone’s image right All of these thigs were explored to identify whether the existing legislations of the Jordanian civil law are sufficient for ensuring that the image right. Some jurists believe that image right is defined as (the right that entitles the one appearing in the photo to object to the creation of his image in any manner or publishing it without having his prior approval)[5]
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