A Study Of The Commercialization Of Personality Rights

With the deepened development of market economy, the value of the commercial exploitation of personality rights has been significantly increased, and the spokesmen who create better value for money can be seen everywhere in daily life. Right of personality has a certain economic value, and the infringement act has become more and more frequent. The infringement acts not only disrupt the normal operation of market economy, but also cause huge damages to the obligees. The theory of the commercialization of the personality rights is immature, and with the conservative views, the protection of the commercialization of the personality rights in China’s legal system is still very weak. When the personality rights has been violated, the infringed is difficult to obtain adequate compensation because the court cannot define property damage.The legislation of the commercialization of personality rights mainly the dual legislative model in the United States and the unification in Germany. For our country, we should recognize the economic value in the personality rights, however, due to the constraints of the traditional concept of the right of personality and some other objective conditions, our legal system is still a lack of specific laws. The unified legislation model is more appropriate.The right subjects include celebrities and non-celebrities, and this is because the essence of the commercialization of personality rights is still subordinate to the right of personality, rather than a stand-alone rights. The commercial use of the right of personality include the image of endorsement, the branded of the personal characteristics, sponsorship. But our laws do not give details for it. It should be further improved.The most fundamental question of the commercialization of personality rights is how to calculate the implied value of the property of the right of personality. Judging the value of a person’s personality rights, we need to consider many specific factors, if we do not have specified standards, the commercialization of personality rights would be difficult to apply. To judge the value of the property right of personality, we need to create a viable, effective and accurate property value assessment system. So we can use the use current market price method and the present earning value method.To judge the tort is an important element of the theory of the commercialization of personality rights. Violations of the commercialization of personality rights mainly include unauthorized use, use of counterfeit, imitation use and use of low-destruction. Principle of no-fault liability should be principle of assumed liability in the commercialization of personality rights infringement.The liability of compensation for damage mainly contains the losses, the interest, and the normal market value of personality right. And the forms of the damage compensation include the statutory damages and the punitive damages. The statutory damages is applicable when the case cannot be identify, and the punitive damages would be appropriate for a specific case. Responsibility for infringing the commercialization of personality rights should mainly be compensation for property damage, along with other responsibility ways.