Personality Mark And Commercialization Rights To Study

The right of the commercialization of identity is one of the rights of commercialization. As new conceptions the right of commercialization and commercialized identity have not been accept by positive law. American academics looked into this area at first, as it is different with Continental Legal System, the American Law protect this kind of interest with a series of constitutional rights or with the right of privacy. How to establish a suitable legislation system to rule the right of the commercialization of identity in Continental Legal System, just like our country, is the main issue this dissertation about to discussing. The author considered using other's name, picture or likeness for commercial benefit without permission violating the person's right of commercialization of identity. The subject of this right is the same as the right of personality; the commercial benefit of one's personality is the object of this right. To enjoy the right of commercialization of identity means one can use his/her name, picture, likeness etc. for commercial benefit or give permit to other people to do, meanwhile he/she can forbid people to do such thing. The dissertation placed this right in the rights of personality, anyone who violates this right should be punished with torts.