Reference And Application Of Voice Interests In The Civil Code

The Civil Code for the first time wrote the rights and interests of voice into law,directly recognizing that "voice" is protected by law as a personal interest.Article 1023 of the Civil Code stipulates that the protection of natural persons’ voices shall be applied with reference to the relevant provisions on the protection of portrait rights.This article actually establishes the direct protection of voice rights and interests in civil law.China’s protection of voice rights and interests has always been neglected,but with the development of society and the improvement of people’s awareness of rights protection,people’s attention to the personality interest of voice has kept pace with the times,and voice rights and interests should be protected.Moreover,the development of science and technology has given birth to more ways of using sound,and these emerging ways of using sound will have an impact on the law to a certain extent,and the phenomenon of infringement of voice rights and interests often occurs.Article 1023 of the Civil Code came into being,which is a great progress in the protection of personality rights in China’s Civil Code,and the protection of voice rights and interests has been implemented in judicial practice.According to this article,China’s current protection path for sound is the path of personality interests,and no specific voice rights are established,but it is protected as a kind of personality interests by referring to the relevant provisions on the protection of portrait rights.The protection method of "application by reference" will cause many problems,because sound rights and portrait rights have many differences,and how to change the reference provisions according to the differences between the two in the process of reference application has become the focus of future protection of sound rights and interests.By analyzing the connection and difference between sound rights and portrait rights,this paper analyzes the existing problems in the application of reference according to the different nature of the two,and draws on the provisions and experience of sound rights and interests protection in abroad,and makes suggestions on the application and protection of sound rights and interests in China,so as to make the protection of sound rights and interests more sufficient.The full text is divided into five parts.The first part elaborates on the concepts related to sound rights and reference application.First,the concept of sound and sound rights is introduced,and the concept and nature of sound rights and interests are clarified.Secondly,the concepts and forms applicable by reference are introduced.In addition,the feasibility of the application of sound rights and interests by reference is analyzed,and the feasibility is demonstrated from the aspects of the similarity of reference application and the connection and difference between sound rights and portrait rights.The second part analyzes the current situation of legislation and judiciary on the protection of voice rights and interests in China.Firstly,the current legislative status of voice rights protection in China is analyzed.Secondly,in judicial practice,cases involving disputes over voice rights and interests occurred before and after the promulgation of the Civil Code,and according to the results of their handling,the protection of voice rights and interests by the courts before and after the promulgation of the Civil Code was explained.The third part analyzes the problems existing in my country’s sound rights and interests protection with reference to the regulation of portrait rights,and points out the following problems in the current reference and application methods: First,the scope of sound rights and interests can be referred to and applied is unclear.Second,the sound recognition standard is not clear.Third,the issue of reference and application in the protection of the rights and interests of the voice of the deceased.Fourth,it analyzes the various forms and problems that cause the infringement of sound rights and interests.Fifth,voice rights and interests cannot refer to the application of positive authorization regulations,pointing out that my country currently lacks regulations on the active power of voice rights and interests.The fourth part is refer from legislation on the protection of voice rights and interests of extraterritorial region.This paper examines the relevant provisions on sound rights and interests in Canada,Chinese Macao,and the United States,summarizes the regulations on various aspects of sound rights and interests in the above countries(regions),and draws three experiences and enlightenments: first,infringement of sound rights and interests should be clearly constituted;The second is to attach importance to the development of sound property interests and better commercialize the use of sound;The third is to protect the voice rights and interests of the deceased.The fifth part is the proposal for the application of China’s sound rights and interests.Suggestions are made on the aspects that can be applied by reference to the portrait right,the aspects that can be applied by reference but need to be appropriately adapted,and the provisions that cannot be adapted,and the aspects that cannot be adapted and applied are clarified through the issuance of relevant judicial interpretations: First,clearly protect the voice rights and interests of the deceased.Article 994 of the Civil Code is included in the scope of reference,and a period of protection for the rights and interests of the voice of the deceased is established.Second,clarify the recognition standards for sound.Through judicial interpretation,the second paragraph of Article 1018 of the Civil Code is included in the scope of reference,so as to clarify the recognition standards of voices.Third,improve the protection methods for the commercialization of sound rights and interests.The rules on the image rights and powers of natural persons in the first paragraph of Article1018 of the Civil Code are included in the scope of application by reference.And the license contract should stipulate a certain period of time.It is clearly stipulated that the contract for licensing personality rights and interests is a non-formal contract.Fourth,in judicial interpretations,clearly list the types of acts that infringe on the rights and interests of voices.Through judicial interpretations,the provisions involving the expression of infringement within the scope of reference are changed and refined in light of the special nature of the voice.