On The Right To Commercialize Film And Television Characters

With the film and television industry has developed,Many popular character loved by people,and some businesses predicted audience’s effect of the film and television roles having greater appeal which can create a huge commercial profit that they compete in the film and television characters of the name,appearance,language,gesture,the classic action,mantra,sound for commercial use.The economic value of the potential "second development and utilization" of the film and television character is fully developed.But the film and television roles brought huge economic profit the same time brought a lot of infringement disputes.However,as there is no clear legal provisions to the film and television character merchandising right in our country currently,the profit of the right subject is difficult to be protected,as well as judicial organs in dealing with the trial of the film roles disputes are losing unity.We can see that the lag of law is obvious,and the development of the film and television character merchandising right system requirements increasingly at moment.For this research,I collected a variety of materials related the topic and read them carefully.I read and study relevant case,and then summarized them.I sort of copyright law,trademark law,unfair competition law and other legal documents relevant film and television character merchandising rights and concluded that the conservation status of film and television character merchandising right,and then analyzes the limitations with our current legal protection film and television character merchandising right.I comparative analysis of protection of foreign film and television character merchandising right,in order to explore the better system of film and television merchandising right in China’s national conditions and match our current legal system.This paper mainly includes the following four parts in addition to the introductory part of this article:In the first part,the paper discusses the film and television character merchandising right of the concept definition,feature points,the nature of ownership,and then put forward the protection film role commercialization rights has a realistic significance.The second part,through analysis on the status quo and limitation of the current copyright law,trademark law,unfair competition law of film and television character merchandising right,to demonstrate the necessity of having legal protection of film and television character merchandising right.The third part introduces the protection of United States,Japan,Germany which more developed in film and television merchandising right,through comparing and analysising this systems to draw useful experience and think more suitable mode of legislation to protect the system.The fourth part is about the idea.of legislation to protect the film and television character merchandising right in China.I analyzed that the film and television merchandising right is difficult to match our existing legal system based on the nature of the right.I propose that the film and television merchandising right should be as an independent system of protection of civil rights in the civil legal system to provide the most powerful protection for the right.