The Animation Role Commercialization Legal Regulation Research In Our Country

Has original cartoon character of animation works in the breakthrough of pure art field extends to theeconomic field. The cartoon character because of its potential economic value and public influences isfavored by many businesses, further development and widely used in a variety of products, and that is thecommercialized cartoon character. The commercial use of animation role include animation works in theanimation role image, names, voices and all elements that can be used as the iconic image differencebetween other roles. Development and application of the commercialization of the resulting rights for thecartoon character merchandising right. However the rights with the phenomenon of commercial expansion,study unceasingly thorough, but the merchandising right still exists only in theory, not in the form oflegislation to be provided to confirm. In judicial practice, commercial protection of cartoon characters thereare loopholes and shortcomings of great.Therefore, this article from the commercial animation role on the formation of start, discusses the roleof commercial animation protection value, and introduces the international animation big country the rightsprotection mode selection. On this basis, analysis of the present situation of the protection role ofcommercial animation in China, puts forward some improvement suggestions. The text is divided into fourparts to study:The first chapter mainly introduces the animation production and development base, puts forward thedefinition and connotation of animation role positioning, product concepts, and analyzes the major effect ofthe role of commercial animation phenomenon brought to market economy from the economic field angle,in order to study the role of commercial animation is the legal protection necessity and Industry value.The second chapter foreign in the selection of the pattern of cartoon character merchandisingprotection, and analyzes the protection mode of experience of China’s legislative protection mode oflearning, which can be used in the role of China’s animation commercial protection.The third chapter analyses the current on the protection of the role of commercial animation situation,mainly from the law of trademark, copyright and anti-unfair competition protection of the point of viewof its advantages and disadvantages. The fourth chapter studies on the construction of the right role of commercial animation by judicialpractice and theory, put forward the legislative suggestion, perfect protection and current legislation basedon comprehensive protection mode.