On The Right Of Publicity Of Fictionalized Role In The Film And Television Works

The fictionalized role in film and television works ,which is found on the special fictional character or animal's image described in literary and art works .Through the director's explanation ,actor's performance unfolds in front of us .It can be said that ,its formation is the complex process ,which created by many bodies'difficult work .However in the market economy developing process ,the image merchandising gradually formed the scale ,but ,the other trading main bodies'free use have encountered disaffection because the person of right has not get any pay .In view of the fact ,carry on the adjustment to the correlation main bodies'behavior to be extremely essential .The right of publicity of fictionalized role in the film and television works which discussed in my article is a legal new topic now. Many national legislation, the legal precedents and principle all attempt to seek one effective way to protect and standard this right. Looked from the various countries'existing system resources that ,the personality right law ,the copyright law, the trademark law as well as the anti-fair competition law and so on, all are unable provide the complete protection.,therefore , in my article I advocate to establish one kind of new right——publicity right , in order to supply a legal protection to this commercialization phenomenon. Our country and some other countries has attempted to bring this right into the personality right, the copyright , the trademark right and the unfair competition right. But through comparative analysis ,we can seek some conflicts ,thus ,establishes the independent publicity right system to be the best choice .Analyzes from the nature ,the publicity right is one kind of private property right which belongs to the creator ,looked from the economic effect , that is benefit for the creation and increment activity .Therefore ,the author thought the publicity right of fictionalized role in the film and television works to be supposed to enjoy by the producer ,because present various countries regardless of any type view ,all strength realize the right simplificated. They may use the contract to simplify each kind of society relation, effectively exercises the right and save the social cost. The right content should include monopolizing the right of use and prohibiting others'abuses , certainly ,we also need the law to standard the abuse ,must make some limit.