Legal Protection Of Right Of Publicity

As a new kind of civil right, right of publicity has gained increasing attention in the world, and there are studies on it in foreign countries at the beginning of last century, making legal protection both in legislation and judicature. However, the theoretical research on protection of right of publicity is still at the stage of exploration. With the rapid development of market economy and spread of tort of the right, the right-holder's interest lacks perfect protection. Therefore, how to introduce the concept of the right in theory and protect it both in legislative and judicial practice is the problem to be solved. To begin with the basic theory of the right, the essay has a thorough discussion on its definition, nature, target of protection, legitimacy, suggestions on legislation, etc, learning from foreign countries' theory and cases.There are four chapters, except preface and conclusion.The first chapter introduces the basic theory of right of publicity, such as its origin, and development; and through comparing different theories about its concept and nature, we have a conclusion about its definition and nature of incorporeal property right.The second chapter stresses the basis of philosophical jurisprudence and social foundation for protecting the right, which proves the legitimacy of the existence of the right.Through studying different protection mode in foreign countries' legislative and judicial practice and current situation and imperfection in China, the third chapter gives us the author's suggestions on choosing protection mode and legislation process.The fourth chapter presents problems concerned constructing protection system of the right, such as rights of conflict in protecting the right and detailed plans for perfecting laws to protect it.