Understanding And Application Of The Norms Of Sound Rights And Interests In The "Civil Code Of The People’s Republic Of China"

As an important personality symbol,how to protect the voice of natural person has always been the focus of academic discussion.The civil code provides for the protection of sound rights and interests for the first time.The voice of natural person not only has spiritual and ethical value,but also has property attribute.The voice of a natural person has the function of marking the characteristics of a natural person.By processing the voiceprint of a natural person,the specific natural person corresponding to the voiceprint can be identified.With the continuous development of the commercialization of personality rights,citizens can not only use smart phones,recording pens and other devices to record and produce their own voices;You can also publish your voice on various network platforms to attract traffic to obtain property interests or other benefits;You can also license your own voice to other individuals or commercial institutions in certain ways.With the rise of short video platform and voice live broadcast,the frequency of natural persons using their own voice in the Internet through a variety of means is rising,the value of voice is increasing,and the commercial use of voice also increases the risk of voice rights being infringed.The voice of a natural person has ethical particularity.Its voice needs to use the unique voice organ of the human body.With the development of society,can natural people be guaranteed to decide when to make a sound,when to reproduce their own voice with a certain carrier,and whether to make their own recorded voice public,Whether they are willing to give their recorded voice to others and agree on the specific scope of application has increasingly become an inevitable sharp topic.Whether the protection of the right to sound can be continuously improved through the improvement of legislation is inseparable from the excavation of the characteristics of natural persons’ voices and the specific understanding and application of the rights and interests of natural persons’ voices under the existing norms of the rights and interests of sound in the civil code.Only when the norms of voice rights and interests are applied,combined with judicial practice,can voice rights be generated in the post code era,so as to formally protect the voice of natural persons in the form of specific personality rights.The voice of a natural person has a variety of characteristics.First of all,it can recognize the voiceprint of the voice of a natural person,so as to find the corresponding specific natural person,which is recognizable.Secondly,you can complete certain work through your own voice,such as recording audio novels,etc.,to obtain remuneration,which has exploitable value,that is,property attribute.The interweaving of spiritual interests and property attributes has become the research focus of the development of personality rights.At present,although the standard of voice rights and interests provides a method for how to protect the voice of natural persons,there is no clear guidance on how to apply it.In the post code era,there is no relevant conclusion on whether voice rights and interests should be born into voice rights.Therefore,this paper will take the current situation of the protection of sound rights and interests as the starting point,take the understanding and application of the current norms as the main reference range,explore the necessity and possibility of generating sound rights,and try to build sound rights,hoping to provide some suggestions for the specific application of the current sound rights and interests norms and the development of sound rights theory.