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Right Of Legal Issues

Posted on:2011-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2166330332968278Subject:Marxist theory and ideological and political education
Abstract/Summary:PDF Full Text Request
The right of publicity originated of the right of privacy. It is first established in the United States. For my country, it is still a new thing. It is still legal interest rather than legal rights. However, with the rapid development of a market economy, it can be seen everywhere that using natural celebrities name, portrait on ad sales or other activities. This dispute related advertising has increasingly become a hot issue. But China's present legal system can not provide full protection. This is why we have studied the rights of publicity.The full text is divided into four chapters. It respectively analyzes the concept of the right of publicity, the need for the protection of civil law, the basic system structure and the civil relief for the right of publicity.chapter I, said that over the right of publicity. This chapter briefly introduces the concept and features of the right of publicity. The right of publicity is a new type of rights,and it has broad and narrow definition.It also discusses its origin and development, as well as the difference between the right of publicity and the other rights, such as Privacy, right to a name, image rights and so on.It is the basis of below.Chapter II, the theoretical basis of the right of publicity and the need to establish in our country. Scholars have different opines in the theoretical basis for the existence of the right of publicity, both is reasonable and adequate. As the traditional civil law is divided into personality right and property rights, they can not provide a complete solution to protect the commercial using of Personal identification. So we should establish a new legal system that is the right of publicity legal system in order to more fully protect our legitimate rights and interests.Chapter III, the basic structure of the right of publicity. The chapter is the focus of this article and difficult. There are many controversial issues, such as the nature of the right of publicity, the subject and object and so on. The author makes a in-depth analysis of the right of publicity , and consider this right as an intangible property right, the principal should not be limited to famous people, and so on. At the same time, put forward some new solutions of myself. Chapter IV, civil relief of the right of publicity. Due to the rapid socio-economic development, against the right of publicity is increasingly becoming a common phenomenon. As a result, this chapter analyzes a number of relief measures from property liability and non-property liability. It can fully protect our legitimate rights and interests. At the same time on Improving relevant legislation is also of great significance.Conclusion. This part is the summary of the full text.It is essential to establish the right of publicity. We should clear this right from the Legislative Council. It is s urgent problem to protect this right. As a result, this article introduced a series detailed questions from theory and practice. It has a great significance to protect our legitimate rights and improve the rights of our existing right system.
Keywords/Search Tags:the right of publicity, property rights, the invisible property rights
PDF Full Text Request
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