The Research On Legal Protection Of China Athletes' Right Of Publicity

By the methods of literature of study, observation study, logicalanalysis, interview, through the analysis about LiuXiang's portrait right case and Yao Ming Vs. Coca-Cola dispute and other classical cases, made all-round investigations and systematic theory discussion about the protection of athlete's Right of Publicity issue.Comparing with ordinary subject, the particularity of athlete's right of publicity has decided specialit y of the protection of athlete's right of publicity. Main reason that athlete's right of publicity dispute occur at present: First, the issue of the interests ownship of athlete's right of publicity .The training mode and the Pyramid shape growth road of our athletes that cause the pluralism of beneficial subject of athlete's right of publicity and became the main reason of right of publicity dispute. Second, our country's current sports administ ration issue. The sports administrative department carry out our national policy and making the policy of sports trade and development plan and strengthening trade management and providing service in accordance with the law, at same time, participat ing in the development and disposition of sports resources with various kinds of reasons. There is no clear line in administration and pursuit, indistinction between the functions of the government and the enterprises that make the responsibility, right , profit not have obvious demarcation line that cause the poor efficiency of utilization of resources and react to the market obtuse. Third, the relevant legal question. Composition important document of encroaching right about the portrait is difficult to assert accurately in practice, there are no enough commercial value that compensate for the encroaches right of portrait; here are some conflict and imperfect item about the ownership of the athlete's intangible assets, the distribution of interests of right of publicity, the right of develop the athlete commercial value in the relevant sports administrative statute. The laws and regulations are imperfect, make the realization of athlete's right of publicity value difficult to guarantee.Direct against the issue that the protection of athlete's right of publicity ,this research proposed the following countermeasure mainly in terms of law: Protect through perfecting the right law of personality and tort law; Revise, perfect the regulations of...