| Along with the progress of the society, the development of market economy, people and the celebrity’s natural person, name, voice and personality identity has a strong charisma and give a major push to move goods and services. In order to promote their product and service, the businessman often use personality identity for a high profits in the business activities and the advertisement. This is the phenomenon of commercialization of personality right. Because personality identity has huge commercial value. Without authorization people often uses the celebrity’s natural person in the business activities. The phenomenon usually occurs in life. Relevant laws are not made in our country, I will study the problem, and by comparison and analysis with foreign relevant lawmaking.it is helpful for us to find insufficiency in our laws, so as to provide valuable experience for reference.The first part, overview the commercialization of personality right. It introduces commercialization of personality rights performance, commercialization of the concept of personality rights, Practical significance of personality rights performance, and commercial utilization of the basic types of personalityThe second part, commercialization of right to personality of legal protection mode of investigation. This part reviews the law protection models of the merchandising of the right of personality in the U.S.A and Germany, and then analyze the different characteristics in two countries.The third part, the suggestions of the legal adjustment mechanism on the commercialization of right to personality in our country. It firstly introduces present situation of the legal protection on the commercialization of right to personality. By the copyright law, trademark law, anti-unfair competition law and general principles of the civil law the personality of commercialization, for their own protection. Commercialized personality right is defended the laws such as Copyright Law, Trademark law, Anti-Unfair Competition Law, Civil Law.But it don’t get good results in these laws protections for commercialized personality right. Secondly, according to Chinese conditions it make suggestions for the perfection of the commercialization of personality right in china on the commercialization of personality rights protected mode and the scope of protection, the commercialization of personality rights licensing and inheritance and tort. |
