Research On Civil Law Protection Of Voice Right

Personality right is based on personal freedom and dignity.With the gradual improvement of social civilization and the continuous enhancement of individual rights consciousness,personality right also presents a trend of continuous expansion of development.As a new personality right,voice right should be protected by law.On the one hand,the right of voice not only embodies personal dignity,but also has commercial value.It can not be covered by other specific personality rights and has theoretical feasibility to be protected independently by personality rights.On the other hand,with the continuous updating of scientific and technological means and their widespread application in daily life,the number of scenes in which people use sound in their daily life has increased,and the risk of sound right infringement is also increasing,while in judicial practice,there is no judgment basis,so it is urgent to protect sound right.Before the Civil Code,there was no direct protection of "voice right" in our law.Or through tort liability law to protect civil rights and interests,with ambiguity;Or to protect the performing activities of performers through the right of performers,which has limitations;Or by applying for the registration of sound trademark protection,with quite high difficulty;Or through the anti-unfair competition law to regulate the commercial competition of sound,are not satisfactory."Civil Code" for the first time in the personality right make provisions to protect the "voice" itself,has been clear about the right to voice for a specific personality right,in the mode of protection with reference to the relevant provisions of the applicable image rights protection,is a breakthrough of personality right legislation in our country.In real life,there are controversies over whether natural persons still have voice rights after death,whether the voice rights of ordinary people and public figures should be distinguished,whether deaf and mute groups who cannot speak can be protected by voice rights,and whether special subjects such as legal persons and virtual characters on the Internet also have voice rights.It is also difficult to judge whether the imitation of other people’s voice,dubbing,synthetic voice and other acts constitute infringement.Sound rights are also easily confused with Copyrights,privacy rights and other rights related to sound.When the right of voice is violated,there is also the problem of inadequate relief.The reason for the above predicament lies in the lack of accurate grasp of the subject and object of sound right,the way of infringing the right of sound and the right relief scheme.Through to the voice of rights protection outside experience for reference,and combining the "Civil Code" in "with reference to the relevant provisions of the applicable image rights protection" requirement,build up sound right protection rules.First of all,the scope of subjects of voice rights should be defined.Natural persons including non-public figures and deaf-mute groups are all subjects of voice rights.The voice interests of natural persons after death are also protected by law,while legal persons and online virtual idols are not entitled to voice rights.Secondly,the boundary of rights should be clarified.The object of sound right should be the sound itself rather than the carrier of sound or other forms of expression,and the protected sound should be identifiable.Thirdly,by enumerating and summarizing the behavior of infringing sound rights,the fair use rule can be used to defend.Finally,correctly understand and use the personality right injunction system,unify the damage compensation standard,through connecting the personality right claim and the right of infringement claim,implement the right relief of voice right infringement.