The Legal protection and commercial appropriation of personality rights of sports persons in Kenya
Ngari, Eric Gacharira
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Not only does the current legal framework in Kenya fail to provide for personality rights of sports persons but also courts have not set any precedence in regards to the commercial appropriation of these rights. Personality rights are imp01tant insofar as they prevent any individual other than the rights-bearer to use these rights in advertisements or endorsements of commodities. This research paper focused on personality rights by examining the classical theoretical justifications for and against personality rights, the existing literature and laws, cases involving sp01ts persons whose personality rights had been appropriated without their consent and finally put forth recommendations on its practice and improvement for Kenya's legal system. This research paper was carried out through the examination of a number of scholarly articles and laws on personality rights. This study found that personality rights date as far back as the1800s and attributes its existence to the right of privacy which provided that everyone had the right to be left alone. These rights later evolved into something of commercial value since products could be associated with well-known sp01ts persons. Chapter one of this research paper will introduce the concept of personality rights and give some background information of the same while also stating the objectives of the research and the research questions to be addressed by the end of the study. Chapter two discusses the theoretical framework reviews the literature on personality rights of sports persons whereas chapter three examines the elements and actions that constitute the appropriation of personality rights of spots persons and the economic interests tied to them. Chapter four will present case studies on sports persons whose personality rights have been appropriated in Kenya while the final chapter will provide recommendations to improve the laws on personality rights in Kenya.