Research On Legal Protection Of The Right Of Publicity

With the deep integration of business and information in society,the economic value of personality rights is more increasingly than ever.More and more well-known figures make a commercial use of their names and images by endorsement advertising,trademark registering,business permitting and other forms.On the one hand it helps to explore the celebrities' market value,stimulate market vitality and promote business development.But on the other hand,it creates a lot of infringement disputes and the rights cannot be protected under the current legal system.The Supreme People's Court made a public judgment on 10 trademark cases of "Jordan" on December 8,2016 and it aroused an in-depth discussion on the protection of the commercial interests of celebrities' personality rights.This article analyses the legal issues on those cases,explore the nature,ownership and protection path of the right of publicity.Firstly,the paper analyzes the protection of the image of personality from the case of "Jordan",and discusses the concept,nature,contents and application of the right of publicity in the United States.And it specifically analyzes the origin,development and status quo of the protection of the right of publicity.Secondly,the paper sums up the ways of protecting the right of publicity in different countries,and analyzes the case of "Jordan",to summarize and draw lessons from relevant legal system.Thirdly,a comparative analysis is made between the right of publicity and the personality right,intellectual property rights,the author think that the nature and content of the right of publicity is th property interest of personality right.And,the paper is combined with cases to analyses the current situation of legal system and the feasibility of introducing the right of publicity to our country.Therefore,the author tries to discuss the construction of the right of publicity and the legislative proposals on the basis of the codification of civil code,including the independence of the system of personality right and so on.Finally,the paper generalizes the infringement and damages of the right of publicity and puts forward specific proposals in judicial protection.