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Right Of Pubulicity

Posted on:2010-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:H J YangFull Text:PDF
GTID:2166330332964048Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of modern science and technology, the deepening of market economy, as well as the development of news media, the image characteristics of a natural person to start with a more direct and property interests, more and more of the commercial use. The right of publicity to put forward the concept is based on the image of a market economy under the conditions of the form and the use of commercial forms of infringement are becoming increasingly diversified and the existing legal system of protection is not comprehensive. However, the present legal system in China and did not make a positive response to the interests of a natural person, business interests and public interests are not effectively protected. Therefore, a clear the right of publicity legislative and legal protection has become an urgent need to resolve. Article grasp the concept of the right of publicity, the characteristics of the basic theory of nature, based on an analysis of existing Chinese laws on the protection of the right image of the status quo and its shortcomings. Emergence of social life for the right of publicity of the phenomenon of violations of the right, our country has made a number of legal protections, including Personality rights law, intellectual property law, and unfair competition law. These laws in accordance with their respective legal mechanisms for the natural right of publicity to have given a certain degree of protection, but because of the legislative purpose and manner restrictions on the adjustment, the legal protection of the right of publicity there are still a lot of defects, leading to social and economic life appeared in a blank state law. Then on the right of publicity of China's Legal System. Existing legal system in China to introduce the right of publicity is the objective requirements of social progress; to make up for the interests of existing laws to adjust to the lack of publicity needs to standardize the market competition order demand. The right of publicity to build of our country's system of clearly defined legal meaning of the right of publicity on the basis of the handle should be focused on the scope of personal image, business use of the scope of protection of the right of publicity of the period, against the right of publicity, the right of publicity way of relief and restrictions on the right image and so on.
Keywords/Search Tags:The right of publicity, Legal protection, System
PDF Full Text Request
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