Research On Legal Issues Of Character Merchandising

The title of character merchandising in different countries is not the same.In the United States,it is often referred to as the right of publicity.In Japan,on the basis of the introduction of the right of publicity,calls it the commercial right of publicity.Germany also calls it the commercialization of personality right.In addition,there are different ways to protect them.Some are protected through copyright,others are protected through personality rights.This article will be based on the United States,Germany,Japan on the role of the concept of commercialization on the basis of retrospective,trying to analyze the rationalization of the right to use the role of commercialization of such rights,and through the role of commercialization of the role of specific objects and other relevant legal elements are elaborated,trying to build a protection mechanism for the commercialization of roles under the existing system.The introductory part of the article analyzes the commercial value embodied in real people,audiovisual roles and virtual roles through three cases.This commercial value is the economic interest embodied in the role.This is also a sign of the existence of the right to commercialize the role of our country.In the first part of the article,the theoretical basis of the role of the commercialization of the role of the role is described,and the reasons why this article adopts the concept of the commercialization of the role are analyzed.On this basis,the meaning of the commercialization of the role is discussed.In this section,the concept,types and nature of commercialization rights of roles are elaborated.It is pointed out that the commercialization of roles is essentially an intangible property right.In the second part of the article,the constituent elements of the role commercialization rights are analyzed,and the main body,object and content of the role commercialization rights are defined.In the third part of the article,we describe the protection status and protection trends of this right in China,and propose suggestions for relief channels,and analyze how to effectively protect the commercialization of the role under our current legal system.