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Right of public image

Author: ZouJunHua
Tutor: ZhangJin
School: China University of Political Science
Course: Legal
Keywords: Image right Right to a name Portrait Celebrity Image Typical Cases Trademark right History Theoretical foundation Dispute Copyright
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 342
Quote: 14
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Abstract

With the development of market economy, social economy increasingly frequent use of celebrity names, likenesses and other film advertising or marketing aids phenomenon everywhere, while the image of the celebrity advertising disputes is becoming hot social issues. However, China's current civil legal system does not give a positive response, with a personality right to adjust this kind of social relations have suited place showing. Celebrity image market disorder, celebrity interests, businesses and public interests are not effectively protected. Therefore, from a legislatively defined such rights, its legal protection has become an urgent problem. In this context, carefully study the United States and other Western countries in the protection of personal image commercial use legislation and practice, it has a very important theoretical and practical significance. This author used a systematic study and comparative research approach to a typical case of the trial of confusion as a starting point to examine the image of the American public right of history and its theoretical basis, defining the public image of the concept of the right, an analysis of its characteristics and nature of the right image and name will be publicly rights, portrait rights, copyrights, trademark rights and other related rights were compared individually and systematically discusses the public image of the United States a right to limit the term of protection, infringement and remedies, and other related issues, through the analysis U.S. the right to establish public image background contrast China's social reality, draw the image of our country should establish public rights system conclusions, and drawing on the United States on the basis of the relevant system, proposed the establishment of the right of public image some ideas. Paper is divided into six parts. Introduction describes two typical cases of confusion and abroad for the treatment of such disputes, which made the public image of the right to the first chapter of this thesis examines the public image of the right of the United States history, that the public image of the right to privacy from evolved, the right to privacy can not meet the social and historical development of the product. Comments on the U.S. Court and the subsequent scholars made public image right three theoretical foundation, pointed out the various theories were inadequate. Chapter Two describes the public image of the right to basic questions. First, define the public image of the concept of the right, it is a person of their name, likeness, and other identifiable characteristics that have commercial value enjoyed exclusive rights. Then reviews the public image of the right of academic nature on two points of view, that the public right of publicity is a property right, but as a new type of right, to accurately define the nature of the time is not ripe. Then analyzed the public image of the relationship with the carrier the right to object, and describes the public image of the United States the right carrier, namely the scope of protection of historical change. Finally, the public image of the right and the traditional private rights - right to a name, portrait rights, copyrights, trademarks, etc. were compared with the right that the public image of the above rights are inextricably linked, but has its own independence. The third chapter discusses the public image of the right of protection. As an exclusive right, the right to open image rights holders can

Right of public image

Abstract

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