Fame as property: unauthorized use of celebrity name and image in Canada and Australia
Bibliographic record
Abstract
Given the ubiquity of celebrity endorsements, fame indubitably has inherent commercial value. In Australia and Canada, this value is regarded as the exclusive property of the celebrity: deriving commercial benefit from another's notoriety is 'reaping without sowing', a misappropriation that is actionable per se. This paper argues that a property right of this scope cannot be justified. Its existence finds little support in theory, either as labour-based entitlement or as economic incentive for success. Even accepting such property exists, not every commercial use of celebrity should constitute an actionable infringement. No form of property, real or intangible, prohibits all 'free-riding': an owner can prevent only those uses that would interfere with her enjoyment, or render the property worthless. Moreover, celebrities' commercial interests must be balanced against their role in facilitating expression. Properly analyzed, celebrity property should extend only to preventing uses that suggest their endorsement of a product.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.006 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.004 |
| Science and technology studies | 0.016 | 0.006 |
| Scholarly communication | 0.004 | 0.002 |
| Open science | 0.001 | 0.004 |
| Research integrity | 0.001 | 0.002 |
| Insufficient payload (model declined to judge) | 0.005 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".