Research On The Protection Of The Personality Law Of Voice Right

The auditory shift in the media has brought about the sound economy and sound interactions,and the status of sound in people’s daily lives is increasing day by day.However,the development of sound reproduction technology,deep forgery technology,and other intelligent media means has brought about various kinds of sound infringements,which have brought about certain damage to people’s spirit and property,therefore,it is urgent to protect the sound rights of natural persons nowadays.At present,there are some countries or regions in the world that have legislation to protect the voice of natural persons,some through the protection of criminal law,some provide for the voice in the right to privacy,and some establish the right to voice as a specific personality right.Article 1023 of China’s Civil Code for the first time proposed to protect the voice of natural persons by reference to the application of the provisions of the right of portrait,it can be seen that China considers the voice as a personality right and interest,and clearly distinguishes the voice rights and interests from the right to privacy,general personality rights and other rights,opening up a precedent for the protection of voice rights and interests in China.The reason why sound rights and interests are protected by reference to the application of the provisions of portrait rights is that sound and portrait have similarities.Portrait rights originated in Germany,from the initial portrait right to whether the portrait has the right to the portrait right was written into the copyright law,and then the portrait right to the protection of the civil law to become a specific personality right.Among them,the core principle of the protection of personality rights of the portrait right is that portrait has the external expression of personality,carrying the spiritual interests of personality and personality property interests.Sound,as an auditory personality identifier,is also an externalized form of personality,and the identifiability and exclusivity of sound manifest the spiritual interests of personality in sound,while the commercial development of sound and the expansion of the industry have confirmed that sound has personality property interests.It can be seen that sound interests,like portrait rights,have the property of personality and should be protected by personality rights law.At present,the Civil Code provides for the protection of sound rights and interests by reference to the provisions of portrait rights precisely because of the similarity between sound and portrait to a large extent.However,from the perspective of legislative technology,judicial practice,and adaptation to the media environment,it is not the best way to protect the rights and interests of sound.First of all,the application of portrait rights by reference to protecting sound rights ignores the fundamental differences between sound and portrait,and the legislative technique of "application by reference" is mostly applicable to the case of transitional exploration and simplification,but sound rights already have clearer rights and objects,so the application by reference will not play the effect of simplification,but is not conducive to sound It is not conducive to the complete protection of sound rights.In the case of portrait rights,the direct application of the provisions of portrait rights to protect the rights and interests of sound may result in the "inability" to refer to the secondary reasoning,and there are various problems in the application of sound infringement.Secondly,according to the existing sound right cases,we can know that most of the cases involve complex infringement and right determination,and there are many cases of competing rights,so the mode of reference application is not conducive to the resolution of cases in judicial practice.Finally,with the shift to an independent status of sound in today’s auditory culture,the sound is no longer an accessory to visual culture such as portraits,and the development of intelligent media technology has also led to a significant increase in the possibility of sound infringement,the application of portrait rights protection model can not adapt to the changes in the real media environment.In conclusion,the mode of protection chosen in Article 1023 of the Civil Code by reference to the application of portrait rights is not conducive to the protection of sound rights in the future development process,and it is necessary to improve the protection of sound rights as a specific personality right on its own.For a right to become a specific personality right on its own,it must have an independent object and not be mixed with existing rights.The right to voice already has a socially recognized object,the voice of a natural person,and does not overlap with other specific personality rights.At the same time,as a specific personality right,the right to voice is not confused with other rights related to voice,such as the right to privacy,the right to reputation,the trademark of voice,and the right of performers,and it has its unique object and scope of protection.The development trend of the specificity of personality rights nowadays drives the independent process of sound rights,and the independence of sound rights does not constitute the phenomenon of generalization of power.The scope of sound as a specific personality right is natural persons and not limited to public figures,and the content of the right includes the exclusive right to record sound,the exclusive right to use sound,the exclusive right to license sound,the exclusive right to dispose of sound,and other positive rights and negative rights such as the right to claim sound personality rights and the right to claim sound infringement.The scope of protection of sound rights is sound with recognizability,and the protection of sound rights may be limited in cases of power abuse,exceeding the period of protection of rights,fair use,and conflict with the copyright of sound works.In sound infringement,the infringement can be typified into three categories: unauthorized use of another person’s voice,improper use of another person’s voice,and severing the identity of the subject and the voice.At the same time,the commercial value of the infringed sound,the status of the infringed sound in the communication,and other special elements can be considered in the liability of sound infringement.China has now begun to pay attention to the protection of sound rights and interests,but the reference to the application of the portrait right protection model is always only a transitional approach,and further clarification of the various standards and rules of sound rights is needed to truly improve the protection of sound rights and to protect them as a specific personality right.