Tries To Discuss The Merchandising Right Of Film And Television Piece

The merchandising right is one kind of new right which in the modern society economic life appears, the British and American country only then has the legal precedent in the 20th century 50's to involve this question. To its research, overseas not yet finalizes, domestic also just started, had not determined with it correlation necessary theory. In the discussion initial period, the merchandising right object only refers to the well-known image, merchandising right nearly only refers to the vivid right, the role right, along with research thorough, many scholars proposed merchandising right continued is the vivid right or the role right, the object scope had a deeper broader development along with society's development. Under this major tendency, this article take most popular wickedly does in the phenomenon the silver screen to do wickedly at present as the breakthrough point, conducts the research to the film and television piece two commercial use condition, has analyzed the manifestation, the element, the nature and the discussion silver screen which the silver screen does wickedly does two degree creation behaviors which the dependence original work carries on whether can but should obtain because of its entertainment exempts the responsibility, in other words this kind of two degree creations are the innovation or infringe upon the right? This is the present our country intellectual property rights academic circles in the thinking question, but mainly is restricted in whether constitutes in the original copyright infringement dispute. Because the research time on and so on the limit, this article avoids the copyright law to be suitable or not on discussion, but places the viewpoint the film and television piece merchandising use aspect, thought the film and television piece has had one kind of private power shape in the merchandising process, namely the film and television piece merchandising right, and studies under the current film and television piece merchandising use emphatically the film and television piece merchandising right question. To the film and television piece merchandising right concept, the foundation, the main body, the object, the validity carry on the analysis, combs the film and television piece merchandising right and the intellectual property rights relations, as well as insufficiency which exists with the present legal protection film and television piece merchandising right, thus obtains the conclusion of the necessary of film and television piece merchandising right to establishment.