Research On The Legal Protection Of Commercial Right To Personality In The Media Industry

In the times of more and more business transactions and information transformation, the personality right in traditional spirit field has entered into business field, the factor of personality illuminates not only the inherent ethical nature of human being , but also the behalf characters of property in the economical society. There is a trend that the personality is becoming a business issue. So the conception of Commercial Rights of Personality comes out in such situation. In the common society background, the medias are enlarging the range of their own activates. From propagandizing and supervising in political and cultural fields to publishing, printing and advertising service in economical field. It involves nearly all activates in every corner of the modern society, As well as the Commercial Rights of Personality . As the media has both the ideological and the industrial characters, it forms two kinds of legal relations with the object of Commercial Rights of Personality in the industrial transactions and the news transferring. In these two relationships, the media right and the Commercial Rights of Personality always conflict with each other. The most typical example is the confliction between the Journalistic freedom and the Commercial Rights of Personality. Thus, a balance method according to the law should be found to solve such problems between the news Journalistic and the Commercial Rights of Personality. It is not only to protect the Commercial Rights of Personality, but also to give a suitable inclination to the Journalistic freedom which assures the supervising function of the public voice unblocked in society circumstance. In the media industry, from the behaviors that media violates the Commercial Rights of Personality,the Media Tort Law should realize the legal protection from two factors that endowing the legal character of the Commercial Rights of Personality and ameliorating the rule of Media Tort Law. especially, the three factors that composing of behaviors,pleading reason and the liability type of Tort rules which included in Tort Law theory of media violating the Commercial Rights of Personality。This thesis aims at realizing the balance between the Journalistic freedom and the Commercial Rights of Personality; it mainly uses the method of theory illumination and case analysis to research how to realize the legal protection of the Commercial Rights of Personality when it is violated by the media. Also, it finally emphasizes that the commercial value in use of the Commercial Rights of Personality should be protected in media industry from different angles by the Personality Law and the Media Tort Law. The thesis which is counted 42 thousands and 3 hundreds in all is divided into 5 sections, the summary as following:The first section introduces a new kind concept of personal right named the Commercial Rights of Personality . From intension and extension two directions, it explains the commercial value in use and behaviors of the Commercial Rights of Personality, and analyzes the difference and the relationship between it and the Corporation Personal Right.The second section mainly illuminates the legal relationship between the main body of Commercial Rights of Personality and media from two scopes that the news transferring business and the advertising business by the methods of the case analysis and comment. It includes the relationship of mess supervision and the relationship of adverting.From the view of nomology, the third section surveys the confliction and balance between the Commercial Rights of Personality and Journalistic freedom.In this section, it basically anatomizes the confliction between the right of Journalistic freedom and the Commercial Rights of Personality, and then survey the current status of circumstance of the media supervision by datum. It uses two cases of UK and USA for reference, and point out that the Journalistic freedom should be inclined to protect in the confliction in our country. The fourth section theoretically analyzes the constitution of the act, defenses and liability type in rights confliction when the media violates the Commercial Rights of Personality. It aims at protecting the Commercial Rights of Personality when the media violates the right, as well as to carry the nomology which inclines to protect the Journalistic freedom into the concretely rules of media tort.In the fifth section, it searches the legal methods to solve the confliction between Commercial Rights of Personality and media right, and to realize the protection for Commercial Rights of Personality in media industry. The first method is to ameliorate the law of personality right which regarding of the content of Commercial Rights of Personality by endowing. The second method is to ameliorate the Tort Law regarding of the content of media violating the Commercial Rights of Personality by the liability of tort.