La protección eficiente del derecho a la imagen personal: análisis comparativo entre Colombia y Estados Unidos
This paper is based on a research aimed at establishing whether the protection of the right to one’s image is stronger in the United States than in Colombia. The American judiciary system has a patrimonialist focus that incentives its use by victims, as well as direct negotiation mechanisms, thus...
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Format: | Article |
Language: | Spanish |
Published: |
2016
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7497915 |
Source: | Revista de Derecho, Comunicaciones y Nuevas Tecnologías, ISSN 1909-7786, Nº. 15, 2016 |
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Summary: |
This paper is based on a research aimed at establishing whether the protection of the right to one’s image is stronger in
the United States than in Colombia. The American judiciary system has a patrimonialist focus that incentives its use by
victims, as well as direct negotiation mechanisms, thus increasing the index of the effective protection of the right to the
protection of one’s image. On the contrary, Colombian law highlights the personal and fundamental character of such right,
which allows restorative measures. However, the law in action is such that it is hard to prove material damages, and hence
no compensation is given and the arduous path of tort law is not paid off. |
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