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Legal Protection For Right Of Publicity On Our Country

Posted on:2012-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:L HuangFull Text:PDF
GTID:2166330335964586Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the rapid development of social culture and market economy, and the continuous innovation of mass media, the imprints of modern commodity can be seen everywhere. Such reflection is utmost obvious in the property law. Even in the law of personality rights, the reinforcement of personality identified property nature is becoming increasingly prominent. The significance of ethic value to a human being is not just statically confined within "being protected", but has extended to the field of "transaction". Celebrities are in the spotlight nowadays. Their names, portrait and others signifying their identity are of huge commercial value. Celebrities'joining makes the related activities more attractive; their advertisement greatly enhances the market competitive power in both commodity and service; the value of a commodity will significantly enhanced if it is printed with famous people's name, portrait or others of their personal characteristics. Meanwhile, the disputes about celebrity's image have attracted more and more public attention. In addition, some image elements signifying ordinary civil subject's personality characteristics have been commercially exploited and managed to create considerable economic values.However, no positive response has been given to this social phenomenon derived from commodity economy by current national civil law system. At present, the system structure and the content of the specific personality rights in the traditional sense can hardly cover the property interests loaded by civil subject's image, additionally the realistic demand of the civil subject's interests in front of commercial situation cannot be satisfied if the law of personality right is used to adjust this variety of social relationship. Therefore, a specific legal protection for the image right in the level of legislation has become a problem needed to be addressed urgently.
Keywords/Search Tags:right of publicity, personal law, copyright law, trademark law, anti-unfair competition law
PDF Full Text Request
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