Research On The Protection Of Voice Right From The Perspective Of Civil Code

In the rapidly changing 21 st century,the rapid development of science and technology and the vigorous development of the market economy make the voice,a personality element that embodies both spiritual interests and property interests,enter people’s vision.The phenomenon of infringing on the rights and interests of voice is numerous,and the public’s awareness of protecting voice is also growing.Domestic scholars have different views on the protection mode of voice right,including voice language right,portrait voice right and independent voice right.However,the Civil Code protects voice rights and interests by applying the provisions of the right of portrait in the compilation of personality rights,which makes up for the legislative vacancy of voice protection.Unfortunately,it does not endow voice rights with independent status,and does not define the relevant concepts and rights of voice rights.The main body of the paper is organised into five parts: The first part is an outline of the rights to voice,clarifying the concepts of voice and voice rights;Define the constituent elements of the sound right.The subject of the sound right is limited to natural persons,while the object is the voice with personality identification.The content of the sound right includes the sound recording,the exclusive right to use,the exclusive right to dispose of the sound and the right to claim the protection of the sound interest;This paper expounds the legal characteristics and legal basis of the right to sound.The second part analyzes the existing provisions of the Civil Code of China on the protection of the right to sound and its shortcomings,specifically including the provisions of the right to use the portrait can not fully protect the right to sound,the definition of the right to sound infringement is unclear,the standard of compensation for infringement damages is not uniform,and the inheritability and protection period of the right to sound are unclear.The third part aims at the above deficiencies,and analyzes the reasons from the legislative concept of the new personality right and the connotation and extension of the right of voice.The fourth part studies the extraterritorial legislation on the protection of the right to sound,including the United States,Germany,Canada,France and other countries,and summarizes the significance of its legislation for our country.It believes that the protection mode of the right to sound should be clearly defined and the infringement should be clearly identified.The fifth part,based on the above research,puts forward suggestions to improve the sound right protection system of the Civil Code,in order to conform to the development trend of China’s human rights system and improve the sound right protection research in China.This article agrees with the theory of the independence of the voice right,and advocates that the independent protection mode of the voice right should be established first,and the voice interest should be upgraded to an independent specific personality right to be protected.Its independence has not only realistic and comparative legal basis,but also legal and logical basis;Secondly,it is necessary to clarify the identification of sound infringement,specifically including meeting the constitutive requirements of sound infringement and not having the cause of obstruction of sound infringement;Thirdly,the standard of compensation for damage to the right of sound should be standardized,and the standard of compensation for property damage and the standard of compensation for spiritual damage should be improved respectively;Finally,the inheritability and protection period of the voice interests of the deceased should be clarified,and the spiritual interests and property interests contained in the voice should be regulated separately.