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Originally Posted by AR_Six
Interesting. Basically someone has decided that people have some sort of inherent property right attached to their own image. I'm still having trouble seeing what the fundamental basis for that is from a legal perspective, but clearly there it is nonetheless. This may be an American construct because I don't know that I've ever heard of "right of publicity" in Canada.
Re: the soundtrack, that "shinedown-bully" song in the demo is one of the worst things I've heard in a long time. The soundtrack for this game is always a bit suspect but damn, I wish you could deactivate certain songs. I remember on old PC versions just plugging my MP3 playlist into the appropriate folder and getting that. Would be nice to be able to put the right goal songs in manually.
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That someone would be common law, the very basis of the entire legal system in both Canada and the US.
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Canadian common law recognizes the right to personality on a limited basis. It was first acknowledged in the 1971 Ontario decision of Krouse v. Chrysler Canada Ltd.. The Court held that where a person has marketable value in their likeness and it has been used in a manner that suggests an endorsement of a product then there is grounds for an action in appropriation of personality. This right was later expanded upon in Athans v. Canadian Adventure Camps (1977) where the Court held that the personality right included both image and name.
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http://en.wikipedia.org/wiki/Personality_rights#Canada