The interaction of law and social norms in the commercialization of persona: a comparative study of the UK, New York, and California
Speaker(s):
Emma Perot, PhD Candidate, King’s College London
Series:
Intellectual Property Law Discussion Group (IPDG)
Associated with:
An empirical study of the transactional environment of persona focused industries was undertaken to determine how law and social norms interact to regulate persona. It was found that, despite differing levels of legal protection, in the UK, New York and California, a social norm of reputable entities seeking permission to use persona pervades, rendering the introduction of legislation unnecessary. Generally, law only plays a tangible role in the absence of a relationship, and even then, unauthorized uses by reputable sources are rare. If there is no relationship, litigation is more likely, but the time and costs incurred are deterrents.