The Study On The Commercialization And The Protection Of Personality Rights

An increasing number of personality traits business event for businesses through the use of others, especially the celebrity's image to increase sales of their own goods,more and more celebrities will be granted their own voice, portrait, name and other personality characteristics enterprises to business activities. However, due to the lack of legislation on the protection of property rights when they order their own personal identity, to ban unauthorized commercial use of their personal identity and behavior requirements of economic compensation, we often can not provide the protection for the rights of people and relief.Personality is that the The Traditional Civil right personality for the content of the right to reflect the value of human dignity and moral interests of its protected subject matter, it does not have a property interest, which comes to the basic idea of the 19 th century German Civil Code,which established the Kantian philosophy and the Right of Savigny both theoretical basis. Since the 20 th century, however, people's life has undergone major changes, this view is no longer adapted to people's daily lives. So, we have to understand the philosophical basis to justify the commercialization of personality rights, still we need to start from the beginning of Kant's theory.Based on a new understanding of the Kantian moral imperative and the doctrine of free will arrange to provide the philosophical foundation for the commercialization of personality rights demonstration.US commercialization rights protect the rights of the characters through the dual mode, namely the United States to distinguish between the right to privacy and publicity rights, in order to be adjusted and the protection of all kinds of personal interests. In addition, Germany is the application of uniform rights mode, it will still put the right personality to be addressed commercialization within the framework ofpersonality rights by means of judicial interpretation to explain the general personality expand to encompass the commercialization of personality right field.In addition, in this paper, based on the research of the judicial practice of commercialization of personality right in our country to put forward opinions on civil law on the commercialization of personality right protection in China, is to confirm the personality right of property interest, as well as the relief way clear.