The Protection For Property Value In Personality Interest

Personality signs, such as name or likeness, are considered to be personal interests in law, and be protected by the right of personality. According to the traditional theory, the right personality for the content of interest is the protection of the right spirit. However, with the social, technological, economic and other factors of development, personality appears in commercial advertising signs, or the gradual commercialization and other business practices, and reflects its economic value.In China, due to commercial development, theory and practice have begun to notice the increasingly important issue. Especially in the U.S. right of publicity under the influence of the theory, nearly two decades, the right domestic scholar’s commercial use of personal legal protection given much attention, but the current theory of the sort of focus, lack of positive cases in China has been Analysis. This paper selects the topic, the use of theoretical analysis from the case to the path, trying to clarify the empirical field of the right of property interests for the protection of personal status. The central issue of this paper is the "natural character marks commercial use without permission was the case, individuals should be how to protect their personality rights, property interests"? To answer this question, the author the article is divided into six parts, arranged according to the following logical structure of this article.In the introduction, the author questions and a brief description of the situation at home and abroad. The right of publicity in which the U.S. model and the unification of Germany the right to the property rights model is the personal representative of the interests of protection system, to be highlighted. Meanwhile on the domestic scholars argued that the provisions of positive law and judicial practice in the classified summary of the Court choose to do for readers to protect the property interests of the right of personality have a general understanding. In this section, the author of this research scope, research methods, the article also made a description of architecture.PartⅠexamines the position of the traditional theory of moral rights. By Kant’s philosophy, the traditional civil law that personality is the value of human dignity and a manifestation of personality can not be materialized, but not the object of the personality as a transaction, so that the protection of personal interests to protect the spirit and personality not provided to and shall not be inherited. But the great changes in social and economic life to the name, likeness and other personality reflect the economic value of signs, especially the celebrity has become its own personality an important property is used for commercial advertising and commercial behavior, to protect the existing Spiritual interests as the leading legislative system, the natural persons are not effectively protected the interests of personality, then the judicial practice, the court is how to deal with this new legal situation?In PartⅡ, the author studied by comparison to clarify the legislative experience of other countries. American and German have gone through a century of development, were constructed or a dollar multiple interests of protection of personality. American law and German law the concept of different systems constructed substantially the same protection mechanism, the way the court made law, the nature and structure of the personality right to complete the transformation project. Finally, as the representative of the French civil law and as a representative of the British common law, the protection mode and also has its unique characteristics, the article on the legislative experience of the two countries to make a brief introduction.PartⅢreturns to the right to property interests of personality legislative and judicial protection of status quo in China, through the classic case of some, to clarify the Court’s position in dealing with the issue of character and the current legislative system Characteristics of the right to the protection of property values, the following conclusions:practice has been recognized name, likeness and other personality characteristics have a certain economic interests, but still take the traditional view that moral rights to protect the spiritual interests of personality, and not sure Willing to recognize the name, portrait itself has to be protected property interests.In PartⅣ, I will mark the deceased’s property interests of the protection of personality as a separate subject to be examined. The right to practice the economic value of the deceased personality is still doing the narrow protection of personal rights that the property interests of the deceased can not be inherited, the business use for commercial purposes without the deceased personality but legitimate. But this claim in subsequent decisions showing more and more problems, whether the judge or the parties agree that if you do not recognize the moral rights of the deceased inheritable value of the property, is clearly contrary to the principle of fairness in civil law. Started in some areas to some extent, the Court recognized the signs of personality inheritable property interests.As a conclusion, German law model correctly recognized that the commercial exploitation of personality signs involve spiritual interests and property interests, taking into account, and stressed the maintenance of human dignity. In this regard, its effect in the protection method is more reasonable than the United States, it is our legal reference. The development of the personality right direction, should be constructed monism moral rights, interests and property interests in the spirit of its content. Interests in the property should be sure the interests of a certain character or personality characteristics (such as name, likeness, voice, personal information) with the property value, and the development of the relative efficiency of methods of protection should be. On the right of the deceased personality, personality rights and property rights to be breaking the strict distinction be relatives to review the exclusive right of personality, the spirit of the dead person’s interests and property interests for the protection of human dignity found.