Celebrity image rights versus public interest: striking the right balance under German law

This article analyses the background and latest developments in the case-law in Germany which deals with the commercial exploitation of an individual's personality as a special form of manifestation of the general right of personality. It will be considered how the German Federal Court of Justice strikes the balance between legitimate public interest in a celebrities' personality and a mere business interest. As the debate about the recognition of image rights in the UK is gathering momentum in the wake of the recent decision of the UK High Court of Justice which considered Rihanna, the pop star, and the clothes chain Topshop and the unauthorised use of Rihanna's image on T-shirts, this article will be of real interest to legal practitioners and academics concerned with comparative law and the protection of personality and image rights in Germany