Comment On Right Of Publicity

Under the market economy condition, upon the commoditization of thepublicity and formulation of right of publicity, there is certain certainty. Tothe research of right of publicity, it has not already been a new problemabroad, U.S.A. had already begun to study the commoditization of thepublicity and right of publicity as far back as the 1950s, and every state madelegal precedent confirmation of right of publicity. But it has just started in ourcountry. Nowadays, opinions of definition, subject, nature about right ofpublicity, etc. are still various. Regarding intellectual property right law ofU.S.A. as the original version mainly, drafting it on the foundation of theright concept of the reasonable clear image, the author carry on deeperdiscussion to the theoretical foundation, basic attribute, object , restrictionand time limit and protection of right of publicity.This paper is divided into 5 parts.First part. It is the generalization of the right of publicity. Take U.S.A. asexample mainly, the origin and development of more detailed introduction ofright of publicity, and the concept and characteristic of right of publicity.Right of publicity comes from the right of privacy first, but with thedevelopment of economy at full speed, people find the commercializedquestion about publicity can't be contained by the right of privacy, under thenew situation, the right of privacy often neither protects the interests of thefamous person, and is difficult to protect the interests of the legal businesscircles of utilizing famous person's image. A more and more law is requiredto create about famous person publicity with conflict and contradictioncausing a kind of new-type right change. With the issuing of the article of "talking about right of publicity " of the Professor Nimo, right of publicity wasseparated from the traditional right of privacy at last, formed a kind of newinvisible proprietary. the judgment of " Saghani " case in the US SupremeCourt indicated right of publicity is approved within the range of the wholeAmerica. On the basis of classifying the publicity, they propose the conceptof right of publicity, namely the right of main body utilizing its famous imagepart and commoditizing it and having good over it. Through comparing withright of publicity and personality right, copyright , trade mark privileges,clicking against the similarities and differences of illegitimate competitions,we can find out that does not hesitate to offer the protection in various degreeto image interests according to one's own legal mechanisms , but theprotection that these above-mentioned legal systems offer is one-sided,insufficient, the undistributed, truthful words, legal mode in these to protectright of publicity, these choice are not the best.The second part. It is theoretical foundation of the right of publicity andbasic attribute. Since last several centuries, very great changes has takenplace in the composition of the property, among them a little outstanding isthat the proportions that incorporeal property account for in the proprietaryincrease, the scholar's further investigation to incorporeal property, transfer tophilosophy aspect from practicing the aspect gradually. As a kind of new-typeproprietary, right of publicity is that the beginning produced from it isinfluenced by this kind of trend of studying even more, the theory that itstheoretical foundation works from the proprietary of Lip river gram, to Kant.Hangel (the core taking freedom as proprietary theory), and and its relevantother theories, its thinking of philosophy is unanimous with the traditionalinvisible proprietary. Mainly recommended here is what is the theoreticalfoundation about right of publicity of American law circle on earth nowadays?The wealth comes from and works, knowledge comes from creating, this isthe values which our society always advocates. The proprietary of Lip rivergram works the theory belongs to the economic worth of the image andworks, undoubtedly have a very progressive meaning. This kind of view saysthe essence of the invisible proprietary, this is that inherent value ofintellectual property comes from and creates. But it is a kind of complicatedphenomenon to become famous after all , can not get rid of the factor of thecontingency , is it works to be appropriate to belong to totally it , is it discussto worth really. It is not famous person's subject to especially face , work andsay that awkward especially. What Kant.Hangel free will theory paid closeattention to is the relation between will and proprietary, the result occupyingmelting outside the free will of the thing, therefore free will becomes thebasis of proprietary. This kind of view has announced the philosophicalfoundation of right of publicity in another perspective, give differentintension of right of publicity, challenge traditional right of publicity. Thebasic attribute about right of publicity is unable to decide which is right too inour country. It is a kind of new-type invisible proprietary that I have drawnright of publicity on the basis of it is analyzed and compared with thatnew-type personality is advised, the new-type intellectual property right issaid to be the invisible proprietaryThe third part. It is the object of right of publicity. It includes name,portrait, sound, signing, etc.. Among modern business society, what can is ithave brand of item to play, there can be no exception whatever even ifthought the holy and pure personality far away from stink breath of the goodsin the past. Under the circumstances that such commercial tide is promoted, ithas been already of common occurrence that the commercialization of thepersonality identification is utilized. For example, print others' name, portraiton such goods as the calendar , T-shirt , toy ,etc. in order to strengthen theappeal to customer, the trade company bribes and duplicates movie & TV andthe sports star's name , portrait ,etc. to do the advertisement etc. for theproducts. Utilize and only pursue masses' appeal to all sorts of commerce ofthe personality identification like this, until creating the commercial benefit.In view of the above, the potential commercial value that the natural person'spersonality identification has is displayed. And name, portrait put intocommerce utilize comparatively general in a great deal of personalityidentification of natural person. Here, it is the focal point that we probe intowhat kind of name, portrait can be protected as the object of right of publicity.Take name as an example, use same name might not is it infringe to form ,use different name may is it infringe to commit under specific background.The key lies in whether the name used has pointed out the specific personused, must stand up relevant factors synthetically at this moment , judgewhether users used the identity of the person used, or whether relevant usehave pointed out the person used.The fourth part. It is a restriction of the right of publicity. Have no rightthe obligation of the profit, have no right of the obligation either. Thereshould be certain ranges in the enforcement of the right. As if do not damagesocial public interests and others' legitimate interests just as the enforcementof ownership, right of publicity is not an absolute right, its enforcementshould be limited by a certain degree too. This kind of restriction stems fromfreedom of speech and freedom of the press mainly. Get the place approvedin right of publicity, right of publicity has not given one famous person such a...