Property rights in persona and body

Question 1

White v. Samsung (Vanna White case)

Answer 1

FIRST ACQUISITION OF PROPERTY - RIGHTS IN PERSONA AND BODY

A common law right to publicity will be violated when a celebrity’s identity has been commercially exploited.

Question 2

Does a common right to publicity exist when a celebrity’s identity has been commercially exploited?

Answer 2

Yes, celebrities have a commercial interest in their identities, which the law must protect. Neither the celebrity’s image nor identity must be revealed – a court may consider the surrounding circumstances in each case.

Question 3

Moore v. Regents of UCLA

Answer 3

FIRST ACQUISITION OF PROPERTY - RIGHTS IN PERSONA AND BODY

1. A physician has a fiduciary duty to disclose all material personal interests that may influence their professional judgment before securing a patients informed consent to medical treatment
2. Once cells leave a patient’s body, they are no longer that patient’s property

Question 4

Will a patient’s consent to a medical procedure be effective if the physician failed to disclose personal research and economic interests beforehand?

Answer 4

No, a competent adult has the right to decide whether or not receive medical treatment and a physician must secure the patient’s informed consent to treatment under a fiduciary duty to give the patient all information material to that decision.

Question 5

Is it necessary that a physician disclose any personal interests in treatment to a patient (medical research)?

Answer 5

Yes, it is necessary that a physician disclose any personal interests in the treatment that may influence their judgement – a reasonable patient would want to know.

Consent is inefficient if these disclosures are not made

Question 6

Does a patient continue to have ownership rights in their cells after they leave their body?

Answer 6

No, because conversion occurs when a party interferes with another’s property ownership or right to possession, however, to date no court has allowed a conversion action for use of a patient’s cells in medical research.

There are serious public policy considerations related to medical research here.