The Right Of Publicity

The right of publicity is a kind of property that makes secondary use of the image of individuals for commercial value , such as the name ,and image portraits and so on. It belongs to the merchandising right, but the extension of merchandising right much broader than the right of publicity. The right of publicity originated the privacy right in the United States, then had a certain development in Europe and Japan, and other regions and countries, but the United States is still the leading country.In China's legal system does not exist the right of the publicity, and even it is difficult to find a concept similar with it. Law experts have many views on the nature and the content of the right of the publicity, Some even questioned the necessary of it in the legal system of our country, but they are not able to give good explanation of that the massive compensation for unauthorized commercial exploitation of the celebrity portrait, as well as how to regulate imitating the image of individuals in commercial activities.Although celebrities and non-celebrities all protected by the right of publicity, the right of publicity for athletes have their own uniqueness and complexity. This paper cited some examples about the right of athletes to make a more in-depth discussion, and had specifical discussion on some particularity of the right of publicity for athletes in the final chapter, because of the more practical significance of the upcoming Olympic Games.This paper is divided into five chapters, to analysis the basic issue of the right of publicity by the first step, and then having more systematic study on the content of the right of the publicity, as well as the the legal protection and restrictions of it, and some discussion on the right of publicity for athletes in the final of the thesis.Character One discusses the basic principles of the right of publicity. Firstly through the history of the right, it is found that the right of the publicity was gradually evoluting and developing form the privacy right in the United States. Then on the basis of the analysis of the concept, the object which the right protecting should be limited to actual figures, and thus the role of fiction and other publicity merchandising being distinct from it. But the objects of protection is not limited to celebrities, non-celebrities should be also protected by the right of the publicity. Finally, it is discussed the necessity of the right through studying the labor theory, social-equity theory, economic-incentives theory, and the theory of consumer protection .Character Two analyzes the form and the attributes the right of publicity. By comparative analysis between the right of publicity with the privacy right, the copyright, trademark right which more closely linked with each other,it is to discuss contacts and distinction of them. And then, by analysing the various theories of the right , it has a conclusion that the right of publicity should serve as a new kind of intellectual property rights because of it including basic attributes of intellectual property rights.Character Three discusses the subject, the object and content of the right of publicity. It proposes originally that the object of the right of publicity is the interest included in the image of individuals, that is, the commercial value contained in portraits, images and names of individuals, and as an example to athletes on the concrete.Character Four analyzes the infringement, protection and the restrictions of the right of publicity. Focuses on the elements of infringement of the right, the United States' protecting-mode and how to use anti-unfair competition law to protect the right of publicity, as well as the exercise of the right restricted by reasonable use , rights exhausted, public interest, as well as the period restricting.Finally, special issues of the athletes are studied. Through analyzing the connotation and characteristics of the right for athletes ,it discusses that the restrictions to exercise the right for athletes, and focuses on the identity of our athletes and the distribution of benefits.