The Discussion Of The Problems And Solutions Of The Regulation Of Commercial Use Of Celebrity Images

With the development of cultural media and social media industry,using the images of celebrity as endorsement of its products has become a common approach of commercial promotion and has formed formulation in relevant market.In the current legal system of China,the commercial use of celebrity images usually defined under personality law.It has shown a certain disadvantage with high commercialization market.As the video game industry developing rapidly in recent years,some similar litigations happened because the game designers' use of celebrity images as a way to attract players.In China,our current system is not enough to solve these problems.This thesis is based on judicial practice in China.By analyzing the current situation of commercial use of celebrity image under our legal system,discussing the disadvantages of the current system and contrasting with other countries.The author tends to establish the legal regulations designed to commercial use of celebrity images.In the First Charter,the author analyzes the use of celebrity images in the current market and the relevant cases in China in order to specify the market value of celebrity image rights and the illegal use existed.After that,the author discusses the protection from several perspectives such as civil law,tort law,patent law and anti-unfair competition law and reach the conclusion that our current legal system cannot provide sufficient regulations of the commercial use of celebrity images.The author then reach to conclusion that under the current legal system in China,the commercial use of celebrity images cannot be regulated perfectly.The Second Charter was composed of the theoretical research of the legal system of commercial use of celebrity images.By discussing the different theories of the domestic theories,the defining system is determined.The author also discussed the current difficulty in theoretical circle,which is the lack of appropriate system for relevant rights and theoretical foundation of relevant regulations.In the Third Charter,the author discusses the different system abroad,which includes the personality law system in German,the independent protection system of image rights in the US and the protection system of tort of “passing off” in the UK.The author also analyzes and compares different theories and systems and at the same time compare publicity rights with traditional intellectual property rights and trade secrets.By analyzing the regulations in Anti-unfair Competition law,the author will complete the relevant regulations with specific statement under the current system.The Forth Charter is the solutions of the problems mentioned in the foregoing chapters.In terms of object scope,the author discusses the celebrity name,celebrity portrait,celebrity voice and other image factors according to the different image factors of individual identification.The author analyzed the scope of objects and subjects of right of images.In terms of the subject,the author discusses which groups should be included in the subject of image rights,whether only the true talents have the right of images,the image rights of film roles and virtual idols.In addition,the author discusses the illegal hindrance of commercial use of celebrity images.The author would like to find balance between the reasonable user and the right holder of right of images by discussing relevant cases and principles to provide reference for the handling of such cases in China.As for the infringement identification and remedy of legal system of right of publicity,the author states by discussing the principle of imputation of infringement,and the elements which are needed to define infringement.Also,how to seek remedy if the images was exploited and how does the court determines compensation when dealing with those cases.