On The System Of Our Country’s Right Of Publicity

The right of publicity is a new personality right, protecting the holder that use his image factors for commercial use, obtain the right of image and prevent others use it commercially without authorization. Our country don’t has a perfect legal system to protect the right of publicity so far, we protect it just use some laws which is existing, such as the law of copyright, the law of trademark, the law of traditional personality right and the law of anti-unfair competition, etc. However, the specification and method of protection are not well and there is the phenomenon of legal loophole, can not make full protection of the right of publicity, because of the particularity of the right of publicity. We can know that we should design a new law for protection of the interests of publicity. The right of publicity should include the following contents:the character, the object, the subject, the content, recognition, protection measures, and the limits of right, etc. This paper consists of seven parts, including preface, epilogue, and the following five parts:The first part:introduce the concept of the right of publicity and the practical need of law. First, discusses the research status in our country and abroad about image right concept and definition. There are four main points about the character of the right of publicity:intangible property, commercial personality right, intellectual property rights and new type of personality right. Second, the protection of the right of publicity is the necessary requirement of market economy, the inevitable requirement of perfecting our country’s legal system, and is advantageous to the international standard.The second part:discusses the legal basis for the establishment of the right of publicity. First, the theoretical basis of the right of publicity include:work achievement, the economic value and consumer protection. Second, cannot be summarized by other related rights. The right of publicity cannot be summarized by existing personality right, copyright right and trademark rightsThe third part:the right of publicity in America and the reference. The mode of the right of publicity in America is based on the right of publicity and privacy, and "Anti-unfair competition law restatement (third edition)" as supplementary form. However, the right of publicity in America is in the state level, without the legislative level. The right of publicity of America is so too abstract to misleading. Also they did not incorporate a virtual character publicity rights protection system. In accord with our national conditions in our country’s publicity rights system, to absorb the essence of the American legislation, and pay attention to and avoid some of the deficiencies and defects in the legislation, in order to further improve.The fourth part:discusses the basic content of the right of publicity in China. The object of the right of publicity includes natural person and fictional characters, and natural person not limited to "celebrities", performers on the performance of publicity to a certain extent, shall enjoy the right of the publicity, the publicity right is still there after the death by certain period of time. The object of the right of publicity the author to be defined as "the prestige", through a certain carrier, also is the object of the right of publicity (such as name, portrait, voice, etc. which publicity can identify the special identity factor). The rights of publicity include image of the exclusive rights to its publicity rights and using rights, as well as the right to maintain its publicity.The fifth part:discusses the protection of the right of publicity. First, the existing protection mode to protect the right of publicity in our country is relief way. Second, the publicity rights infringement and relief way. Again, this is the conflict of publicity right and other related rights, and the way and principles of solving the conflicts. Finally, discusses the limits of publicity right. Including, disgraceful consideration, free speech, improper use principle, time limitation of the protection period.Publicity right in our country is only in the theory stage, the legislation level has not hit yet, is till blank. Publicity right will be qualitatively in this paper, and the analysis of the publicity rights protection in our country, under the premise of America, to construction the right of publicity.