Research On The Rights Of Publicity

According to the research dynamic state, the research on rights of personality of our country currently concentrates on the spirit benefits of personality. In recent years, although some scholars begin to notice the research on the property interests of personality, the traditional standpoints of personality adhere to the durance of the spirit benefits and don't acknowledge property interests, which makes the research of property interests limit in a small scope. Along with the development of economy, the property interests of personality becomes an important trading object and participates in economy frequently. If keeping the standpoint in traditional theory of personality which take spirit benefits as the only interests connotation, the development of property interests of personality will be affected greatly. On the one hand, it is disadvantaged for development of economy .On the other hand; it will not make the quickly increasing disputes be solved in a good way. Because of the designation of norm for property interests of personality in other law exists a lot of shortages, this condition makes a good chance for rights of publicity of the United States to be introduced into our country. Nowadays the research on the property interests of natural personality in the academic circles of our country limits to the scope of specific rights of personality which have already existed. The research which has existed on property interests from the points of property concentrates on the property interests of legal personality .So this paper is going to make some research on the property interests of natural personality from the points of the rights of property. According to the realistic problems and difficulty of academic research faced by the property of personality of out country ,this paper will research on the connotation ,subject, object, nature, character and the operation in practice etc. On the microscopic and macroscopic level, the methods of the history analysis, contrast analysis, substantial evidence analysis etc. will be used to research thoroughly all kinds of problems faced by rights of publicity ,a systematical program of designation for property legislation of personality of our country will be offered.This paper is composed of four parts :The first part has an overall recognition of right of publicity from notion, nature, etc. the method of contrast of the East and the West will be used for expressing the notion, and the notion of right of publicity will be defined from the definition contrast of rights of publicity between USA and China. Along with the clue which starting from viewpoint of absolute spirit in traditional personality to state that the forbidden zone is to be broken, it is over by the commercial rights of publicity put forward. The traditional personality insists the principle of absolute spirit benefits and holds such views that personality only regulates the spirit benefits of natural persons and personality exists for protecting the dignity of natural persons, as well as the personality can not be changed into property. But for the needs of reality, the legislation of our country has to acknowledge and protect property interests of personality such as name right, image right etc, which makes rights of personality composed of net spirit benefits originally appears the situation of both characters of property and personality. The forbidden zone of absolute spirit has been broken. Along with the fast development of modern economy, the property interests of personality become more and more important, so commercial rights of personality go into law scene of people. The right of publicity has the characters both of property and personality. A lot of characters both of rights of publicity and intangible property look alike.The second part focuses on the character, classification, subject and object of the rights of publicity. After recognition of the law background of the rights of publicity in the United States ,connecting with legislation of our country and law reason, the author classify the rights of publicity into general rights of publicity and specific rights of publicity referring to the classification of general personality and specific personality .As to subject and object, the author hold such idea that the subject of rights of publicity is ordinary citizen ,not only famous persons, because rights of publicity taken as the right type with characters both personality and property should, no matter from the point of fair personality or from the foundation of fair acceptance of property, belong to the whole society ,is not luxury of a few persons. As for object of rights of publicity, the author holds such idea that the object of rights of publicity includes general publicity interests and specific publicity interests such as name, image, voice etc.The third part starts from the needs of reality and theory to explain the necessity which the rights of publicity exists. The needs of reality is obvious, the current legislation of our country can not satisfy the needs of protecting and development of personality, but the rights of publicity meet the needs from the point of theory ,private rights and intellectual property can not include the rights of publicity ,so the rights of publicity is an independent right type. In America the rights of personality is protected in a pattern called personality theory with two ways, but in Germany the pattern called unified rights is adopted. Because inheriting the tradition of civil law system, our country adopts the pattern of Germany is more suitable. But because of different theory basis, our country can not copy the pattern of Germany, the pattern of rights of publicity of our country should be changed.The fourth part explain the operation in practice of personality from the point of way for making use of confinement, the way of protecting for rights of publicity, as to the way of operation of rights of publicity, for the rights of publicity has the character of intangible property, operation way of the rights of publicity may learn from the method of intellectual property to inherit and make use of by way of authorization and permission, as well as succession. Each of rights will be restrained. The rights of publicity may be restrained by public good mind, report freedom, usage attached, completeness of rights, limit time etc. No relief is no rights. The author will express the protection for the rights of publicity from the aspects of the composition of infringement, complainant, pattern liability of infringement, as well as standard of infringement.