Studies On Creation And Civil Law Protection Of Image Right

For a long time, based on the theory of personality - property dual right division, personality benefits or benefits of people has be seen as non-property interests, which is only the interests of pure spirit. For the protection of the right of "commercialization of use",the personality element of the civil subject is known as the "image right ",the USA split up publicity right from the privacy right to protect this right,then this theory is very popular in the world. However, with a breakthrough in the theory of binary property in the civil law theory of personality, in the judicial practice, the protection of interests of the deceased person of the image right in broad sense has now lost its theoretical foundation. With the rapid market's economic development and social progress of civilization, in the field of personality rights, a number of image benefits of personality characteristics of civil subjects have been developed and bring considerable economic benefits, the traditional sense of the tectonic personality system structure and its contents are not covered by the image of the main benefits of civil subject and can not adapt to the protection needed for the image benefits of the civil subject benefits in the open situation. For the maintenance of the image benefits of the civil subject in the market economy, the legislative and judicial practice have responded to the concept, and the image right comes into being. In order to distinguish between the image right in the broad sense, in the theoretical circles this image right is named as "the image of the right to narrow." Image are different from the portrait, name, voice and other elements of the independent character of personality factors, through the portrait, name, voice and unique dress, action instructions, such as the role of elements left in people's minds to express the performance of the natural person. Not only natural persons enjoy the benefits of the image, but also legal persons and other organizations enjoy the image interest. The image of the personality is a independent factor, general personality can not have comprehensive protection, and the image of interest can not be covered by the right of name and portrait, so we need to create the image right in order to achieve the protection of the image benefits.This article is divided into three parts. The first part,the concept of the image right. It is originated in the United States from the right of privacy, which was later referred to as the commercialization right,image is used for commercial purpose. With a large number of cases at home and abroad,the author definites the protection object of image right-the image concept is different from the portrait, name, voice and other elements which is the independent character of personality factors, through the portrait, name, voice and unique dress, action, etc. indicative of the image elements left the overall impression in people's minds to express the natural person with integrity and externality nature.The second part,the need to create the right image and importance. A protected interest is covered with "right" jacket in the civil law system, the most important criterion is that whether the interests of the personality are an independent property which can be covered by other characters or not. The image benefit of civil subject is inherit and produce for the special personality,which has its own independent interests of the character, but the image of the role of factors including the names of the instructions, portraits and other elements of personality, have their own characters. of iamge benefits of civil subject is the maintain of integrity of the independent personality.The third part,the civil law protection of the image right. The image right is a new type of moral rights, which has many and complex ways of infringement, and it is difficult to identify, especially for the current popular "show copying" and other acts of nature that should be treated differently, to mimic the activities of others which engage in profit-making which cause confusion and mistake, should be recognized as a tort. The protection term of the image right should be used in the combination of general terms and the terms of special legislation, the except provisions should be based on the protection for 50 years for the property interests the deceased image.