The Definition Of The Concept Of Publicity And The Introduction Of Institutions

"Rights of publicity "is a new concept in our country.Today is the era of mobile Internet technology prosperity,network information to people's work and life to bring a lot of convenience,natural person's name,portrait,voice and other personal identity implied commercial value began to highlight.Businesses have come to realize that celebrity visibility and appeal can bring huge economic benefits to businesses.They use advertisements to combine celebrity names,portraits and other personality identifiers with products,which not only can bring benefits to the enterprise,but also can Improve the visibility of enterprises.In the social activities,the phenomenon of such commercialization has increased,accompanied by many cases of infringement of commercial use of personality identification,and the current legislative provisions in our country have not protected the commercialization of such personality identification.In practice,encountered such cases of commercial use of personality identification of our courts generally based on the privacy of civil law to be protected.However,judging from the foreign judicial practice on the commercialization of personality identification,there are laws that have been separately legislated and classified into the existing relevant laws.At present,the legislation on the commercialization of personality identification is more comprehensive in the United States.The legislation of its legislation is to gradually develop and form a new right,that is,the right of publicity,as the domestic commercial use cases of personality identification appear.The public right is separated from the right of privacy and exists 'as an independent right,mainly to protect the property interests of the commercial use of the personal identification such as the natural person's name and portrait.Based on this situation,this paper mainly based on the American public right system,expounds the theoretical basis of the existence of the public right,and expounds whether the public right in our country can become one by analyzing the difference between public right and name right,portrait right andcommercialization right Independent rights.At the same time,by analyzing some typical cases,this article compares the public right system of the protection of economic interests of the American personality identification with the public opinion on the protection of personality identification in our country,Whether commercialization should introduce the right of openness and how to implement the institutional framework after the introduction of public right.The right of publicity is generated from the transformation of public image from public property to private property.The result is due to the development of multimedia and the change of social ideology.In recent years,some examples of the commercialization of personal markings such as celebrity portraits and voices appearing in our country also show that some rely on traditional privacy rights to safeguard these rights.Our country needs a new legal system to standardize this field,which also provides the social foundation for the introduction of the public right system.The right to publicity was put forward in the case of "Haelan" in the United States in 1953.From this new system,there has been a discussion on the value of the public right system.The discussions are mainly conducted from an ethical point of view and from an economic point of view.The right of publicity is generated with the commercialization of society.It is reasonable to stipulate its legislation.Therefore,our country can learn from and absorb its reasonable part when making legislation on such issues,especially through the provisions of the system of public powers in all countries and Related cases related to our country,it can be concluded that the commercialization of personality identification is a property right.Such personality rights are not only the person's name,the portrait itself,but also the commercial exploitation after these personality rights.This article draws lessons from the American public right system to analyze the constitutional elements of public rights,and defines the scope of the public rights protection with a view to enlighten our country in the introduction of public rights,so as to provide theoretical support for similar public-rights infringement cases.To sum up,through understanding the legislative system of commercialization of personality identification in different countries,the commonalities of such cases can be summarized,so as to provide reference and inspiration for our country to establish the system of public authority.