The Research On The Right Of Publicity In America

With the development of market economy, the person’s name, portrait, sound personality forcommercial exploitation of increasingly frequent and diverse, with students is related to thisdispute four cases.The right of publicity is everybody enjoys, can control the image for an inherent right tocommercial use. It has experienced a development from infancy, to continuously improve theprocess.In this way, personal image range emerged from the name, portrait, extended to themovement style, performance value, a particular phrase range, is expanded to any recognizablesymbol, and a growing trend. Commercial use is refers to the advertisement or help sell products,but will be in the news reports, evaluation, performance, fiction or nonfiction in sb image out of thecommercial use, the freedom of speech and can not be avoided in the advertising use someone’simage is effective defense right of publicity.This paper mainly to the right of publicity in America study modelled, a detailed descriptionof the emergence and development of public rights, history, and explore the commercialization ofpersonality for the legal protection of the legal basis.Combined with the full case analysis, the rightof publicity in America development track.From the start to appear at public right to recognition aswell as perfect, fully explore the legal phenomenon existing in real life.We can see the mark on the name, portrait, personality and sound natural person commercialuse is more and more high frequency in the modern society, it is a special economic phenomenon.Persona is becoming increasingly prominent economic benefits needs to obtain the correspondingadjustment of civil law and protection, which has become a new topic in modern law of active andcontroversial. However, for these problems, there are almost no specific provision in our country’slegislation. Although, the law circles in our country for nearly ten years, this issue has made manyvaluable research, but the complexity of the problem and novelty decided the legal circles is stillnecessary to continue further study.At the same time, combine the national condition of our country, the United States the right toopen compared to personality interests protection, on the law of our country to draw lessons from ameaning.