Role commercialization is refers to the behavior person will cartoon characters, literature character and imagined roles to the behavior of commercial use. That is to say, will be the public favorite role as a business logo is applied to the goods or services, by high-profile role to increase sales and market competitive power, this kind of commercial exploitation mode has very significant economic value, in order to create good benefits for goods or services. Without the permission of the character creator without authorization will be put into commercial use, the role of the creation of original author property rights infringement, especially in recent years, the phenomenon of frequent role commercialization of society, followed by role commercialization rights disputes. By the copyright law effective commercialization on the role and rights protection is needed to reality and is unable to avoid. Because at present our country legislation and judicial aspects of role commercialization rights law regulation is still in the exploratory stage, so the role of commercialization of copyright law to protect the shortcomings, in the judicial practice in our country, in order to better protect the interests of the holder of the role, role, use the interests of the people and the interests of social groups (consumers), we should be on the basis of the judicial practice in our country combined with the characteristics of domestic copyright law, at the same time, draw lessons from other countries copyright legal system, to ensure the interests of the related obligee role commercialization rights in China. |