Discussion On The Right Of Publicity System And Specific Design

Along with the rapid development of commodity economy in China, carries on the advertisements propaganda using star video's image the phenomenon to be getting more and more common, the famous figures interests infringed phenomenon also more and more, chinese famous market order and chaos image, celebrity's image without authorization willfully is carried on by other people the commercialization use, more and more famous image stolen disputes occur, without effective protection of the interests of celebrities, the business benefit and the public interest have also received the serious harm. In China, the image is a reality, however, not be the legal concept, the right of publicity has not been integrated to our country's legal framework, China has no special legislation for image rights, also does not have in the judicial precedent as by to carry on the judicial relief specially take the right of publicity, in judicial practice,the court is usually adopted practice anti-unfair competition law, the copyright law, trademark law or traditional method to protect the personal rights of image,but using the anti-unfair competition law, trademark, copyright law, the traditional method of image interests of personality with irreparable defects,In a certain extent, the limitation of greatly, can protect the rights of parties. Therefore the author advocates an independent image rights system, famous figures for use in the commercialization of standard adjustment disputes, in order to cope with the commercialization of rising motion.This article altogether divides into five parts. The first part of our image interests infringed by the typical cases are discussed, and the case analysis, that the judicial practice problems facing the image to our legal interests infringed. The second part mainly discusses our country existing right protection vivid benefit existence the flaw, separately carries on the elaboration from the traditional personality power protection vivid benefit and the tradition intellectual property protection vivid benefit two aspects, explains our country existing right protection vivid benefit existence the flaw. The third part is mainly for the United States, Japan, Germany and other countries image rights system, comparison research related to establish below image rights system do good. The fourth part pointed out that should establish the independent vivid power system in our country, the personality power law, the copyright law, the trademark law, coutering unfair competition and so on may provide the certain extent to the well-known image commercialized benefit the protective function, but each one has the flaw which and the crack overcomes with difficulty. Because of this, this article advocated that establishes one new right, namely the vivid power, with by adjusts the image commercialization phenomenon specially, realizes to the vivid benefit legal protection. The fifth part is to our country vivid power system's concrete tentative plan, from the vivid power's main body, the vivid power's object, the vivid power's content three aspects carries on the tentative plan to the vivid power system, the dispute which produces in the commercialization use makes the standard adjustment to the well-known character image, better carries on the complete protection to the well-known character's vivid benefit.