The Right of Publicity: Recovering Stolen Identities under International Law

This Article proceeds from the assumption that the claims just hypothesized ought to be universally recognized to entitle a celebrity to an action for infringement of his or her right of publicity. It surveys the possibilities for protection of the right of publicity under current international intellectual property law. First, it briefly describes the American right of publicity doctrine as well as the policy shortcomings of the American doctrine and points out the lack of explicit protection for the right in other countries. It next explores the foundations of the right of publicity through a triptych of doctrines - including trademark law, hinged together with copyright and moral rights law. Analysis under each of these doctrines quickly illuminates the shortcomings in the current international protections of the right of publicity. As a result, this article urges the international community to create a right of publicity treaty so that the subject receives treatment as one solid doctrine by which other countries can begin to develop sound rights for the celebrity persona that are based on economic and social justifications

Deceptive identity performance:Offender moves and multiple identities in online child abuse conversations

This article provides a case study of deceptive online identity performance by a convicted child sex offender. Most prior linguistic and psychological research into online sexual abuse analyses transcripts involving adult decoys posing as children. In contrast, our data comprise genuine online conversations between the offender and 20 victims. Using move analysis (Swales 1981, 1990), we explore the offender’s numerous presented personas. The offender’s use of rhetorical moves is investigated, as is the extent to which the frequency and structure of these moves contribute to and discriminate between the various online personas he adopts. We find from eight frequently adopted personas that two divergent identity positions emerge: the sexual pursuer/aggressor, performed by the majority of his online personas, and the friend/boyfriend, performed by a single persona. Analysis of the offender’s self-describing assertives suggests this distinctive persona shares most attributes with the offender’s ‘home identity’. This article importantly raises the question of whether move analysis might be useful in identifying the ‘offline persona’ in cases where offenders are known to operate multiple online personas in the pursuit of child victims

Online grooming:moves and strategies

Using transcripts of chatroom grooming interactions, this paper explores and evaluates the usefulness of Swales’ (1981) move analysis framework in contributing to the current understanding of online grooming processes. The framework is applied to seven transcripts of grooming interactions taken from perverted-justice.com. The paper presents 14 identified rhetorical moves used in chatroom grooming and explores the broad structures that grooming conversations take by presenting these structures as colour-coded visualisations which we have termed “move maps”. It also examines how some individual linguistic features are used to realise a single move termed “Assessing and Managing Risk”. The findings suggest that move analysis can usefully contribute in two key ways: determining communicative functions associated with 'grooming language' and the visualisation of variation between grooming interactions