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Discussion on the Right of Publicity System and Specific Design

Author: JiYanYan
Tutor: JiangZhanJun
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Right of publicity The image of interest The commercialization of the image The protection of the law
CLC: D913
Type: Master's thesis
Year: 2010
Downloads: 85
Quote: 0
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Abstract

With the rapid development of China's commodity economy, the use of the film star's image advertising phenomenon increasingly common phenomenon more and more against the interests of the well-known characters, celebrity image in China market order confusion, celebrity image unauthorized by others any commercial use of, more and more celebrities unauthorized use of the image of the dispute, the celebrity interests can not be protected at the same time, businesses and public interests also suffered serious damage. In our country, the right of publicity is a should, however the legal concept of the Real, the right of publicity has not yet been incorporated into the legal system of our country, our country has not devoted to image rights legislation, judicial precedents there is no specific right of publicity grounds of judicial relief, in judicial practice, the practice of the court is usually the Anti-Unfair Competition Law, copyright, trademark, or traditional personality right to protect the image rights of the parties, but the use of the Anti-Unfair Competition Law, Copyright Law , trademark law, traditional personality right image of the interests of the protection of irreparable defects, to some extent, has serious limitations, not comprehensive protection of the rights of the parties. Therefore, the author advocates the establishment of an independent image of the right system, the well-known characters in the commercial use of disputes arising from the specification adjustment, in order to deal with the increasingly high commercialization of movement. The paper is divided into five parts. The first part by typical cases cited China's image against the interest, and case analysis to explore, pointed out that the face of the image of interest against our laws to deal with the lack of judicial practice. The second part of the interests of the protection of the rights of image defects, respectively, from the the traditional personality rights protection image of interests and the interests of the protection of intellectual property rights image elaborate description of the interests of the protection of the rights of image defects. The third part is a comparative study on the image of the United States, Japan, Germany and other countries right system for below our image right system to make good bedding. Pointed out that the fourth part of image rights system should establish an independent personality right, copyright law, trademark law, unfair competition law and so can provide a degree of protection to the interests of the well-known image of the commercialization of the role, but each exists difficult to overcome shortcomings and gaps. Because of this, the paper argues that the creation of a new type of rights, namely the right of publicity to specifically adjust the image commercialization phenomenon, the legal protection of the interests of the image. The fifth part is the specific ideas on China's image rights system, from the image of the subject of the right, the image of the object of the right of the right of the three aspects of the image of the right system is envisaged that disputes arising from the commercial use of the well-known characters regulate the adjustment, the comprehensive protection of the interests of the well-known figure in the image.

Discussion on the Right of Publicity System and Specific Design

Abstract

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