Research To Protection Of Sports Image Rights

Owing image rights protection theory and legal missing in our country. In recent years, plenty cases about the athletes'image right was happened. Sports field need to theory research and legislation on the right of image. Sports is a specific sphere, to development has its own characteristics. Transnational nature of the media in promoting sports globalization. Appear conflicts between the particularity of sports and the law. Based on the sports field of specialization and improve sports legislation to contact our reality, and to national laws for comparison, reference etc. Provide important reference to the theory for our country.The Literature data method,logic analysis,interview investigation are put to use in this study and the research objects are the protection of sports image rights. The analyses the concept and the existing legal obstacles of sports image rights. The system analysis for the sports image rights the protection of the present situation, legislation and the claim procedures of the United States, France, Germany, Italy and the Netherlands,and the final conclusions are as follows:1. China in the right of image legal entity of the main provisions is not clear. Including the principal's death, whether the image of the right to existence. Other is the conflict of personal image and group image.2. There are disputes infringement constitutes a duty as the purpose of profitable. The provisions reduced scope of protection of the image right. It is inadequate to protect the sports field is used in the complex.3. The rationally using of image rights exists in people's courts at different levels of the Cases in the Manual. To the rule of law is null.4. The protection and other departments of the law exists conflict.5. The compensation mechanism was missing of Sports field. Particularly in respect of property claim.6. Abroad for the sports image rights protect areas more extensive. To the portrait from the images face extend to the body. About the carrier to expand the network video emerging field.7. Abroad with specific legal provisions to defined the image legal entity. Admit that the dead to the right of image. Provides for the time of the law protects the right of image. Whether the use of public interest as to define Group portrait of personal image rights.8. Foreign sports image right applicable and respect from the right of image of identity,use the associated degree,use way and purpose.9. Foreign sports image right legal protection to the Civil Law and Freedom of Press Act and so on.10. Foreign sports image right which the claim for compensation in the property of the calculation method and amount calculation.Suggestions:1. Extend the Protection category of portrait with reason in low, increase details, characteristic gestures and total images which can be recognized on basic of the original images of the face. Extend the carrier of portraiture from former traditional portrays and sculptures to the new field like cartoon and comics as well as Network Video and Cool Album2. In sports field ,as to the portrait of dead subject, we should turn the legal power to its relatives and set fixed number of years of protection; Admit the existence of obligee portrait, and make The Public Interest as the basis of the judgement of portrait"rationality. That is, related oblige can't ask for portrait when oblige portrays are used for The Public Interest, vice also3. Formulate laws of scope of reasonable use of portrait in Civil Law,Sports Law and related laws, we define it in 4 parts which are the identity of the portrait subject, using relevancy, using method and using purpose in sports field.4. The follow 4 items are considered to be essential conditions in Civil Law,Sports Law and related laws:infringement act, the use of the portrait lead to damage, the use of portrait and the damage are reason as goal and no-fault responsibility principle5. Based on the sports industry a high degree of autonomy and different department of the law of coordination,Sports field abandoned the Law of Knowledge Property and Freedom of Press Act Legal protection model. In civil law Civil Law and Sports Law protects. And legislation in conformity with generally accepted that the international standard.6. Sports image right of compensation for Mental Distress, damages in accordance with our Civil Law of the Article 120 and the supreme people's court of the relevant provisions. For the amount of the property compensation calculated to image of the market value as United States. Compensation may require Profits,confiscate the goods and materials for production and so on.7. Reasonable formulated the sports industry contract to Protection of development and use of sports image right. Suggestion sports administration to different sports, to update the sports industry for the management of the contract.