The Study On Legal Protection Of Fictional Character Merchandizing Rights

Fictional character merchandizing rights refers to put the prominent role image of the literary works, cartoon works, audiovisual works, such as the name, image into commercial use, the holder had the right to create business value. With the rapid development of the cultural industry and an increasingly competitive market, fictional character merchandizing rights as a type of merchandizing rights is becoming more and more important. There is no express provision in relevant laws and regulations, and the protection fictional character merchandizing rights are still not perfected.This article begins with the historical evolution of merchandizing rights, merchandizing rights developed from the right of privacy and the right of publicity in the United State, and Japanese merchandising right. Fictional character merchandizing rights is a type of merchandizing rights. In the purpose to provide important reference for our theoretical research and judicial practice, the paper will analysis the legal protection of the fictional character merchandizing rights from American, Japan, England and Germany. Through further analysis the legal relationship factors of the fictional character merchandizing and the present situation of the legal protection in our country, to perfect the legal protection mode of China fictional character merchandizing rights. There are five parts in this thesis:The first part, merchandising right originated from the right of privacy and the right of publicity in United State, by the Japanese merchandizing rights. The theoretical research and judicial practice in United State had played an important role to expansion the concept of the right of publicity. As the Japanese the urgent need of protecting fictional character, expand the protection of the right of publicity to fictional character. Through the definition of merchandizing rights types, this paper emphatically analyzed fictional character right of merchandizing rights.The second part, introduced the concept of fictional character merchandizing rights concept, and analysis the right attribute and classification of fictional character merchandizing rights, and built the theoretical basis for the legal protection mode.The third part, analysis the comparative perfect legal protection system of the United States, Japan, Britain and perfect our legal protection of fictional character merchandizing rights in China.The fourth part, analysis the subjects, objects, content rights of fictional character merchandizing rights. Clarify the ownership of fictional character merchandizing rights.The fifth part, according to China’s current law of the general principles of the civil law, copyright law, trademark law, patent law, and anti-unfair competition law, analyzes the present situation of legal protection of fictional character merchandizing rights. Through reveal the defects of the current legal protection, and protect the legal protection mode. In China, advocate the comprehensive legal protection mode, and build the best mode of legal protection of fictional character merchandizing rights.