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In real legal terms, this is known as the RightToPublicity?, however SteveMann? has invented what he terms SubjectRight to cover the cases that PervasiveComputing will create in the future, as addressed by DavidBrin in TheTransparentSociety. When you have cameras everywhere and a DigitalNetwork that encourages "InformationWantsToBeFree", the privacy rights of individuals begin to erode rapidly. ClaireSwire is only one famous case. The privacy of everyone will be impacted in the end.

SubjectRight is actually broader than the RightToPublicity?. It not only grants ownership rights of a work to subjects depicted in them (termed SubjectRight privacy), but it also grants the right to "be left alone," (termed SubjectRight solitude). After all, PervasiveComputing will not only put cameras everywhere, but also screens.

SubjectRight (S) is not CopyrightLaw (S), although it shares some parallels. If you consider your LifeAsLived? as PerformanceArt, then capturing it as a LifeInText violates the "copyright" of your Life. But it differes significantly since it protects a Subject rather than the "objective" party: TheAuthor.

See also HumanRights, PrivacyLaw?.

CategoryLaw CategoryPervasiveComputing


Eames, A. M. (2003). Caught on tape: Exposing the unsettled and unpredictable state of the right of publicity. Journal of High Technology Law, 3. Available from http://www.law.suffolk.edu/stuservices/jhtl/V3N1/Eames-Note-PDF.pdf


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