Research On The Independence Of Voice Right And Civil Law Protection

The Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")was officially promulgated in 2020 and put into effect on January 1,2021,marking the entry of the era of the Code of Civil Law in China.Voice "civil code" for the first time will be a natural person as the protection object stipulated in article 1023,but there is no clear provisions of the civil code and the sound is a kind of independent right of personality right,just voice recognition is a kind of personality interests,protected by law,the interests of the acoustic protection rules with reference to the relevant provisions of the applicable image rights protection.This paper holds that the right of voice should be clearly affirmed as an independent and specific personality right so that the right of voice of natural persons can be fully protected.This paper is divided into five parts.The first part,the introduction part,through the research background and purpose,literature review and research methods to introduce the main research content and direction of this paper,leads to the next discussion of the voice right.The second part demonstrates the necessity of protecting the voice of natural person as an independent right of personality.Firstly,through the increase of judicial cases and the progress of artificial intelligence technology,the legitimacy of the protection of voice interests in the Civil Code is affirmed.Secondly,from the legal basis of voice right and the perspective of new personality right,it is argued that the voice interest should be elevated to the protection of personality right.Finally,it analyzes the importance of voice print as a biological feature and expounds the difference between the right of voice and the right of portrait,trademark and copyright,and advocates that the right of voice should be protected as an independent personality right.The third part analyzes the existing problems in the protection mode of the right of voice in China.Firstly,the Civil Code stipulates that the right of portrait can not fully protect the right of voice.Secondly,the way of safeguarding the voice right of public figures is in conflict.Finally,the commercialization of sound rights exploits the vacancy.In the fourth part,this paper will put forward suggestions to improve the legislative work related to the right of voice,and advocate the protection of the special subject of "public figures" through judicial interpretation,trying to continue to explore the commercial use of the right of voice on the basis of the current quasi-use of the right of portrait.In a word,"voice interest" is quasi-protected by the right of portrait in the Civil Code,which makes up the legislative gap of natural person’s voice before.However,from the perspective of theoretical basis and practical demand of voice right,China’s legislation should entrust natural person’s voice right with independent specific personality right status and give it corresponding protection.