The Creation And Protection Of Image Rights

This article uses the method of systemic research and comparative research to analyse and discuss the concept of the right of publicity, the theoretical basis of the right of publicity, the subject of the right of publicity and the object of the right of publicity, the content and limits of the right of publicity. I analyzed the situation in other countries to protect the right of publicity. On this basis, I discussed the protection mode of the right of publicity in our country and the limitations. Finally I conclude that we should establish an independent system of the right of publicity.This paper is divided into four parts:In the first chapter,I discussed the basis theoretical of the right of publicity. In this section, firstly I introduced the origin of the right of publicity; Secondly, I analysed the concept of the right of publicity, the right of publicity of the author will be defined as: the role of the real characters with fictional images of commercial exploitation of the exclusive nature of property rights; once again focused on the the right of publicity there is the theoretical foundation, the author's view is: the right of publicity should be based on the theory of free will and interests of a balanced combination of theory, theory of free will to solve the right of publicity of the right sources, the balance of interests theory shows us the right of publicity system building orientation; the final analysis of the right of publicity of the nature of theI would be classified as an invisible image of the right to property rights.In the second chapter, I discussed the subject of the right of publicity and the object of the right of publicity. In this part of the content focuses on three issues, the first is the subject of the right of publicity, the paper image of the right to distinguish between real people and fictional characters introduced the right of the main body of the two, in which the image of non-celebrities have the right to film and television works of fictional characters who should enjoy the right to conduct a special discussion; The second is the right of publicity to object issue, the author the right to object characters by name, voice, portrait and other tangible forms of representation out of characters, which itself is intangible The; third, the right of the image of the object carrier issues,This distinction between real and fictional characters of the right characters the right to introduce their respective object carrier, focused on the names, likenesses and voices of the elements of these three characters.In the third chapter, I discussed the content and limitations of the right of publicity. In this section, first of all I discuss the content of the right of the image, image rights, including the exercise of rights and rights of protection of two aspects, namely, positive rights and negative rights. Secondly, the right of publicity to limit discussion on the image of the restrictions on the right include the limitation of freedom of speech, public order and good morals of the restrictions, the rational use of the restrictions, limitations and exhaustion of rights of the limitation of the term of protection.In the fourth chapter, I discussed the protection mode of the right of publicity in our country. In this part of the content focuses on three issues, the first is the protection of the right of publicity of the situation abroad, the main description and analysis of the United States, Japan and Germany on the protection of the right of publicity of the status quo; second is to analyze the existing protected-mode image right in China and its limitations, Chinese protection of characters commonly used to protect personal rights, intellectual property rights protection and anti-unfair competition law, comprehensive protection mode, this mode of existence of those who protect the great limitation; third of China's Protection of the right of publicity mode choice Conclusion is that we need to pass legislation establishing an independent image of the right of the legal system; Finally, the right of publicity of the legal system of China's legislative process planning, my immediate right system to build an image there are many obstacles, but we should develop the right of publicity of the system construction plan, as soon as possible establishment of an independent system of the right of publicity.