On The Right Of Publicity

Natural persons' figures are illegally used more and more widely along with the booming economy,especially the celebrities' figures.The right about it is not protected completely and efficiently attributed to the lack of the related law in China.Some scholars in China tried to introduce a right named the right of publicity which is originated from America. Most of the introductions were from the foreign countries without any adjustment,and not appropriately suited for China's civil law,which led to conflict between the right and the related fights in China.My objective in the present endeavor is to try to introduce and analyze the right of publicity in foreign countries,the related theories of China scholars and put forward the advice of legislation.This paper is about 30000 words and consists of 5 parts except the introduction.Chapterâ… is about the history of the right of the publicity and the right's value.At first this part is the brief introduction,then it analyzes the circumstances of the right.At last it introduces theories of the right.There are three kinds of theories of the existence of the right of publicity in America.The theory of labor fruits holds that the the right of publicity is the labor fruits of someone.The theory of commercial value regards that to protect the value of someone's figure may inspire his innovation.The theory of protection of the consumers regards that the right of publicity may protects the consumers from the false advertising.This paper holds that the media and the opportunity promotes the value of someone,as well as his labour and special status.Thus he has the right of the commercial value.The value should distribute between the right's holder and the user.The tortfeasor has no effort of the value.It is not rational to allow the abuse of the right,and doesn't consist with the balance of the value and the justice to allocate the value to the tortfeasor.Chapterâ…¡is about the definition of the right of publicity.At first it's the introduction and analysis of the different definitions among that of America,Japan,WIPO and china's scholars,then it introduces three kinds of theories of the nature of the the right of publicity. The theory of intangible property holds that the right of publicity is a right of intangible property because it's of non-material and non-intellectual with the ignorance of the mental value.The theory of intellectual property regards the right of publicity as a right of intellectual property without concerning the differences between the two rights.The theory of the right of commercial personality regards the right of publicity as a right of commercial personality with destroying the traditional of the differences between the right of the personality and the right of the property.This paper regards the right of publicity as a right of personality.The right is from one's birth to one's death,its speciality,and helps to make material,and it's related to private right.At last it defines that the right of publicity is a right of personality to control the commercial use of one's figure's value.Chapterâ…¢is about the object of the right of publicity.The object of the right of publicity in America includes name,portrait,sound,performance and so on,which can aim at a specific natural person.In Japan it includes name,portrait of celebrities and some judges regard the name of a thing as the object.This paper limits the object in the same or similar figure of a natural person in China.It contains the same name,similar portrait,sound performance and so on,which can aim at a specific natural person.Chapterâ…£is about the protection and boundary of the right of publicity.In America, the right of publicity is protected by the related rules,which are set down by states,and the law of the competition.The tortfeasors should bear liability without default.The founding may be injunction or damages.Japan hasn't law or rules in the protection of the right of publicity.United protection of commercialized personality factors is used in Germany.The pattern protects the metal and property benefit.In China's judicial practice,the right of publicity is protected by the law of traditional personality right and the law of the competition. If someone uses illegally other same name,similar portrait,mocks the same sound or performance,the right of publicity couldn't be protected by the law of traditional personality right.The disadvantages of the protection by the law of the competition is the limitations of the subject and passive effect of the protection way.Speech freedom may limit the right of publicity in some cases.Chapterâ…¤is the legislative advice of the right of publicity.The subjects are the whole natural persons.The objects are the figures aimed at specific persons.The content concludes positive fight and passive right.The infringement of the right of publicity is a kind of general tortuous act.There are two remedy ways,the non-property way and the property way.The non-property way is stopping the infringement,making an apology,eradicating effects,restoring reputation,and so on.The damages include compensation for mental loss and material damages. The duration of the right of publicity is whole life of someone and 50 years after his death.