Comment On Right Of Publicity

As a new type of civil right, right of publicity that derived from right of privacy and first established in America has gained increasing attentions under modern economic conditions, but the research on right of publicity is still at the embryonic stage in our country. Nowadays, with the rapid spreading of commercialization and the effect from the social consciousness of "benefits first", the cases concerning right of individual publicity increase day by day, however, the right-holders can't pursuit favorable legal protection fully. Therefore, how to establish the right of publicity to be an independent civil right and provide the proper legal protection to it is the problem to be solved. Through learning foreign countries'theory and cases, started from the definition of the concept and the nature of this right, the essay demonstrates the legitimacy of its existence from different perspectives based on the social foundation and theoretical basis. The essay also has an immature discussion on legal protection mode and constructing protection system of this right in our country, through analyzing and learning the foreign related legal protection mode, looks forward to provide a good foundation for bringing in the system of right of publicity.