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The Analysis of the Mode for the Protection of Interests in Publicity

Author: LuoJingJing
Tutor: WeiSen
School: Central China Normal University
Course: Civil and Commercial Law
Keywords: publicity interests personality right property right invisible property right
CLC: D913
Type: Master's thesis
Year: 2006
Downloads: 107
Quote: 3
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Abstract


Because of the great economic value of "famous figure", numerous disputes for it arise in the society. It has not already been a new problem abroad that protect the type of publicity benefit. In our country, it still belongs to a kind of right legal benefit but not real one ,so the personality right mode and intellectual property right-centered comprehensive protection is adopted in the proceedings, but this protecting way is not perfect, people’s rights and interests can’t be protect effectively. So we want to find a better way to protect people’s publicity interests, through compare the mode of property right and the mode of personality right, we advocate that we should set up the right of publicity to protect one’s name and likeness from being commercially used by others without the permission of the owner.In the part one, through the survey of our life phenomenon and cases,we expound the emergence of the publicity interests and its definition and feature.Part two in the thesis, on the basis of study on personality right,we analyze the feasibility of protecting the publicity interests through personality right,point out the questions of the way.In the part three, through the review of the development of the property and property right, and the contrast between the publicity interests and intellectual property right, we conclude that we should establish the publicity right in the invisible property system.In the Epilogue, namely the last part of the thesis, give the conclusion of the main viewpoints of the thesis, and present the value of the thesis.

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