A Study On Legal Protection Mode Of Buildings'image

It is only several decades since the right of publicity originated from the right to privacy in America. This neonatal right is still on the stage of theoretical level in our country, and generally believed that its subject matter should be limited to natural person or fictional figures. In terms of protecting and utilizing the right of "publicity "on bulidings, there is no definite defination legally. With the expanding of different rights, such a vacancy on law may cause uncertainty in practice. This paper will focus on the protection and utilization of buldings'image, combining with our country's legislation and legal practice, by the way of historical analysis and comparative analysis.The paper is divided into five chapters.In Chapter One, the author investigated the protection mode of the intellectual property on buildings'image. This part mainly discussed the protection mode on buildings'image by protecting its copyright, its right of trademark and patent of designs. Furthermore, the buildings considered as the subject matter of copyright, and the fair use of buildings'image in sense of copyright is emphasized.In Chapter Two, the author studied the protection mode of ownership on buildings'image. Several issues are analyzed in this part, e.g., the legitimacy for the owner to have right on buildings'image, the patterns of remedy that the owner against the behavior of damaging his buildings'image, the protection of buildings'image in the context of partitioned ownership of building areas and the solutions to settle conflict between ownership and copyright.In Chapter Three, the legal protection mode on symbolic architecture image is probed on the following topics: the briefing on the right of publicity, the legislation and study on the right of publicity in our country, the trend to diversification on the subject matter of the right of publicity, the analysis of legitimacy and necessity of the right on symbolic architecture image,the contents of the right on symbolic architecture image and the relationship with other rights. Meanwhile, during the discuss of necessity of the right on symbolic architecture image, some real cases, the lack of legal remedy and the special protection for those special symbol or goods in current law in China are mentioned respectively.In Chapter Four, the protection mode on the image of Chinese ancient architectures is explored. First, the author studied the status of the protection on historic architectures and legal regulations related, which stimulates the author to think about the utilization of buldings'image. Secondly, the protection on ancient architectures those considered as folk literature and art, is also discussed. In this part, the status of protecting folk literature and art, domestic and international regulations related, and the contents of the right to protect ancient architectures image are specified.Chapter Five is the summary, which covers a proposal based on the author's thoughts about the right of "publicity"that architectures would have been granted.