Research On The Legal Protection Of Natural Person’s Right Of Publicity

In recent years, with the development of market economy and the rise of mass media industry, natural person’s right of publicity arises at the historic moment as a new civil rights. Natural person especially well-known person’s image are applied to many kinds of goods and service advertising by businessman, in that way, not only can realize the businessman to maximize profits but the commercial using of the image also shows a great economic value. Therefore, the phenomenon that infringe upon the interests of the natural person’s image is increasing. Now, many countries have different legal protection mode to natural person’s right of publicity, but in our country, this right is also a new thing, and we have no legal protection system established for the right, so that the interests of natural person’s image without effective protection. Therefore, how to pass legislation to clear this right in our country is a problem should be solved.This paper, besides introduction and epilogue, the text is divided into five chapters. Mainly using the comparison research method, and combining semantic analysis method and system research method. First, through the analysis of the origin of natural person’s right of publicity and the comparison of several legal attribute of representative theory on natural person’s right of publicity, this paper obtained the definition of the right, and the right is thought a new type of qualitative intangible property right; Second, analysis on he natural person’s right of publicity legitimacy of protection from theory and reality two aspects, and it is pointed out that our existing laws on the natural person’s right of publicity legal protection existing disadvantages; Third, through the comparison of the other country’s legislation, and considering the reality of our country, making the right choice for the natural person’s right of publicity legal protection mode; Finally, through the demonstration and analysis, this paper tries to construct a legal protection system for the nature person’s right of publicity in our country.