On Commercialization Of The Legal Protection Of Personality Rights

The traditional civil law theory holds that moral rights with specificity, can notinherit and transfer. But with the rapid development of the market economy, advancesin technology, especially the popularity of the media, which makes a lot of personalityfactors (such as name, likeness, voice, etc.) can bring economic benefits to thecommercial use of this personality factor for commercial use on thecommercialization of the right of personality. Rights of personality mark thecommercialization of the use of economic value, which makes more and more peopleto obtain economic value through the transfer of Personality Mark. In order toregulate this behavior in the United States, Germany and other countries to develop aspecial legal regulations (the "public rights" of the United States and Germany"commercialization of personality rights"). But in our current lack of a unifiedcomprehensive provisions: first, there are differences on the concept identified. Alltypes of name, there is no formation of a unified law. According personality identifiedcommercial property attributes and personality characteristics, and absorption of boththe United States and Germany on the recognition of this right will eventually beincluded in the scope of civil law, called the commercialization of personality rights.Its power both to inherit and transfer property, and also provides for compensation ofmoral damage. Secondly, the protection of the rights. China for the commercializationof moral rights do not form a uniform legislation for the protection of this right existsin the personality right, copyright, trademark law and unfair competition law, andvarious laws to protect them are defective. Analysis of legal protection defectscommercialization of Civil Protection of personality rights theory. The upcomingcommercialization of personality rights content into the content of the right of thepersonality, the development of specific damages standard, as well as comprehensiveprovisions for the maintenance of social order and social ethical values such as theright to limit the contents of the commercialization of personality rights. This article is divided into a total of six parts, the first part of the elaboratepersonality right to commercialization development. The article first analyzes theprocess of commercialization of moral rights. Followed by analysis on domestic andforeign situation, China’s development model of comprehensive consideration of bothproblems and its advantages, and thus determine both advantages combine to form thecommercialization of moral rights protection mode with Chinese characteristics.Finally, the commercialization of the moral rights of the law of development of thedevelopment trend of the commercialization of personality rights. From a single legalprotection extended to a full range of specific legal protection, a relativelyindependent types of rights.The second part of the commercialization of the development of the inevitabilityof moral rights from the theory of reality two aspects of argumentation. Articlesspecific development needs through the improvement of the theory of moral rightsand the two aspects of the specific requirements to protect the legitimate rights ofrights holders to show that the inevitable development of the commercialization ofpersonality rights.The third part of the right of personality commercialization of a full range ofoverview. Which the nature of the rights of academia there is a dispute, the view ofthis article for the various types of rights-to analyze the argument put forward itspoint of view of a personality right. In addition, set the term of protection for thecommercialization of personality rights. By the deadline set to protect the economicvalue of the rights of people based on the use of the logo of the moral rights of thedeceased.The fourth part of the United States and Germany, the commercialization ofmoral rights to be analyzed and compared. Two, perfect for the commercialization ofChina’s moral rights protection to provide the corresponding reference.The fifth part of the commercialization of China’s moral rights to be analyzed,proposed measures to improve commercialization of moral rights protection. Thearticle points out that from the civil point of view to improve the commercialization ofmoral rights protection. Part VI from the range, subject, transfer, inheritance, and the standard ofcompensation in terms of the commercialization of protection of moral rights belimited.