Research On Civil Law Protection Of Voice Right

With the development of voice recognition,speech synthesis,deep forgery and other technologies,the application scenarios of voice in social life have been enhanced unprecedenently,and the phenomenon of voice infringement has also been on the rise.The social reality of serious infringement of voice rights has put forward new demands for voice protection,which has become a new problem to be solved in the protection of voice rights.According to paragraph 2 of Article 1023 of the Civil Code of the People’s Republic of China,the protection of natural person’s voice shall refer to the relevant provisions applicable to the protection of portrait rights.This article is the first legal provision for the protection of the interest of the natural person’s voice in the Civil Code of our Country.However,the provisions for the protection of voice in the Civil Code are relatively traditional.Voice has only been established as voice interest,and voice has been confirmed as a new personality interest,and can be protected by the personality right system.The specific way of protecting voice interests shall refer to the legal provisions of portrait right.This paper argues that in order to effectively protect the infringement of voice right,voice should be elevated to a kind of independent specific personality right,so as to win the comprehensive protection for natural person’s voice.Based on the actual situation of the protection of voice right,the basic theory and legislative situation of the protection of the civil law of voice right are studied.The existing problems in the protection of voice right are found through the analysis of the judicial judgment viewpoint,and the main problems existing in the protection of voice right are summarized and the solutions are put forward.Make the civil law protection system of voice right more targeted and operable.This thesis mainly includes four chapters:Chapter one: the basic theory of voice rights.Firstly,the basic connotation of sound right is introduced briefly.After that,it mainly starts with the prerequisite background of science and technology,the social status quo of commercial market environment,and the direct practical impact of the enhanced voice awareness of the general public,discusses the differences and connections between voice rights and general personality rights,portrait rights,Copyrights,and trademark rights.It believes that voice rights are still significantly different,and the above rights are difficult to fundamentally cover the specific content of voice rights and rights.The position of voice right in civil law should be an independent personality right;Finally,the scope of application of the subject,object and content of voice right should be clarified.The second chapter: voice right legislative and judicial situation and existing problem in our country.In this paper,a total of nine cases were searched with the keyword of "voice rights" through the website of China Judicial Documents.According to the basic facts and the main facts disputed by both parties,only five cases were closely related to the research content of this paper.Nowadays,sound infringement is common in daily life,but the judicial application related to "voice right" is not common in fact.One of the main reasons is that there are no previous legal provisions about the protection of voice right.At present,there are still some problems in voice protection,such as narrow scope of voice rights protection,unclear infringement protection of voice rights,unclear property attribute of voice rights,and conflicting ways of protecting public figures’ voice rights.Chapter three: the legislative status and reference of the protection of voice rights outside China.From European countries and American countries,we select four representative countries to protect voice interests,namely,the United States,Canada,Germany and France.Through the understanding of the current legislative protection modes in different countries,the author believes that the protection of voice right in China needs to clarify the status of voice right as an independent personality right,clarify the protection scope of voice right,and correctly understand the expression form of voice right infringement.Chapter four: the perfection of voice right protection system.According to the actual situation of our country,the following suggestions are put forward: Establish the independent personality right status of voice right,clarify the protection of voice right infringement,perfect the commercial use of voice right,standardize the protection of voice right of public figures.