Legal Nature of Personality Merchandising

The present paper demonstrates a research of the legal possibility of personality merchandising. To answer this question the author explores the definition of image and its legal nature. The relevance of this theme is obvious, as there is no regulation of image rights in Russian legal system, while there is there is a great economical demand to use such an object in market relations. The problem consists of the question whether there is a possibility of personality merchandising itself and how it should be legally qualified. On the one hand, it is believed that image is an object of intellectual property law, which has an economical value. It means it can be transferred to another person. On the other hand, some people assume that there is a close connection between personality and image, so it cannot be transferred. The answer to this question depends on the legal nature of image rights and the choice of this or that theory. To give an answer the author made a complex research. The author explores the peculiarities of legal nature of image rights and its transferability in diverse legal systems by using comparative and historical methods. The author also uses the psychological theories to understand whether it is possible to transfer image rights. Finally, the author come to conclusion that both approaches may exist depending on different theories. However, approach which recognises the possibility of personality merchandising is more economically effective. Moreover, there is a tendency in foreign counties, which refused to admit the possibility of personality merchandising in the past, to faintly allow the image rights transfer. To conclude, it is believed that the personality merchandising is a possible and effective mechanism. As far at the image is an object of intellectual property right, it is fair to legally qualify the personality merchandising as a transfer of exclusive image rights.