On The System Of Our Country's Right Of Publicity

The right of publicity is a natural person of its name, portrait, voice, signature and other elements of the personality to enjoy the exclusive and commercial use, and to prevent violations of the intangible property rights of others. Adopted the practice of copyright law, trademark law, personality right law, anti-unfair competition law to protect their adjustment, but the right of publicity based on the particularity of law cannot be with the integration, and the law can only be adjusted and the adjustment range on the way in part on the right of publicity. Thus the right of publicity to be taken by single law legislation. The specific content for the right of publicity is the intangible property rights, the right to non-personal, commercial or intellectual property rights of personality. The right of the main image is a natural person, not including legal persons, organizations, and his role in fictitious. The object of the right of publicity is the name, portrait, voice, signature and other elements may direct. The content of the right of publicity to exclusive rights for the image, the image of the right to use the right image to maintain. By the image of the right to freedom of speech, freedom of the press, public order and good customs, rights and the protection of the exhaustion of time limits.In addition to the introduction and conclusion, the article is divided into five main parts:Part I: on the origin of the right of publicity to development, the right of publicity state of theoretical research and to establish the significance of the right of publicity system. From the right of publicity to privacy, the originator in the United States. Study the right of publicity of the image of the right of countries to be prudent, the right image is still in the stage of theoretical research. The right of publicity to protect people's rights and interests of the right image to play the image of the value of resources, safeguarding the order of market competition for businesses to open up the market.Part II: Discussions on the states image abroad the right to define the concept and the concept of the right image of our research. The concept of the right of publicity to a point of contention lies in its adjustment range, the right of publicity to adjust the scope of a natural person. The origin of the right of publicity to privacy, the subject of privacy is a natural person, legal persons and fictional literary characters do not have the right to privacy, therefore, the main image of the right to be limited to natural persons also. The right image of the object of all the illegal people, fictional role, and business can be covered by the right personality. Fictitious image of the role is not a manifestation of the creator, the creator and created based on the creative personality of the interests, property interests through the protection of copyright law.Part III: to discuss the nature of the right of publicity, there are four perspectives, namely, the right personality, said that the commercial rights of personality, intellectual property, said that the intangible property rights. Intangible property rights for the image of the right. The personality right (including commercial right of personality) to protect the interests of the general character, to prevent others of their own physical and mental damage to the interests and personality does not allow the transfer of the right and license to use, with a non-profit, emphasizing the right of personality should not give up; the purpose of the right of publicity the maintenance of a natural image of the value of the business to protect its own commercial value of the image are not violated, you can transfer in accordance with the law, with profit. The image of the interests of the conditions in the commercialization of its innovative features not exists, but because of its consumer appeal and influence, so the image is not a knowledge product. In addition to the right image, it's very difficult to set up regional characteristics.Part IV: from a legal point of view the relationship between the rights of publicity analysis. The right of the main image is a natural person and is well-known figures or public figures, after the death of the deceased in their right to also enjoy the image. The right image of the object, including portrait, voice, signature, name, dress and other factors may direct. The content of the image of the right to exclusive rights for the image, the image of the right to use the right image to maintain. By the image of the right to freedom of speech, freedom of the press, public order and good customs, rights and the protection of the exhaustion of time limits.Part V: the right of publicity of the relevant national comparative analysis of legislative models, including the United States Anti-Unfair Competition Law Legislative mode, Japan's copyright law, the legislative model, model legislation personality right law Germany, United Kingdom posing as protection litigation as well as other legislative ideas, Analysis of the personality right law, copyright law, unfair competition law, pretending to adjust the action on the limitations of the right image and inadequate. On this basis, the test image to the right of legislation in our country should take a one-way mode.