Research On The Legitimacy And Attribution Of Commercial Image Equity

Since 1996,more and more scholars have paid attention to the issue of commercial image rights and interests,but the issue of the legitimacy and attribution of commercial image rights has not been comprehensively solved.First,the justification issue is not sufficiently demonstrated.A lot of skeptical voices continue to appear,and the other is eager to construct the system without clarifying the subject and object of the commercial image rights and interests.The right of commercial image has not been confirmed in the formulation law of our country,so this paper uses the expression of commercial image rights and interests,and most domestic scholars adopt the theory of commercialized right,but its essence still discusses the content of commercial image rights and interests.This article justifies the rights and interests of commercial image.The research focuses on the theoretical basis and legitimacy of the protection of the commercial image rights and interests,the criteria for determining the ownership of the commercial image rights and interests,improve countermeasures to the protection of the rights and interests of the commercial image.First of all,the rights,rights and interests,commercial image rights and interests in the theoretical basis are defined.The right refers to the protection object of civil law confirmed by legislation,which needs to have the content of function,the extension is relatively small,and the rights and interests include civil right and civil legal interest.Therefore,this article adopts the expression of rights and interests,can completely summarize the rights and legal interests of commercial image rights and interests.This article refers to the commercial image rights and interests which can bring commercial value under the creation of intellectual labor,including the image of natural person,the image of the deceased,the image of the role,the image of animation characters,the name of the work,and so on.Subjects include all natural persons,legal persons and other organizations.Commercial image rights and interests have the property attribute,can be inherited,transferred and licensed according to law.After clarifying the theoretical basis of the protection of the commercial image rights and interests,it further demonstrates the legitimacy of the protection.First of all,the necessity lies in the deficiency of the existing law on the protection of the commercial image rights and interests and the incentive function of the right to intellectual labor and the creation of literary works.The rationality lies in the contradiction between the existence of realistic problems and the needs of the main body,the common requirements of social progress and economic system development in China,and the development of network and media.Finally,the protection of the rights and interests of the commercial image can play an important role in balancing and transforming the value interests in the conflict of ownership of rights and interests.On the basis of the legitimacy of the protection of the commercial image rights and interests,this paper studies the criteria for determining the ownership of the related rights and interests.First of all,the general rule of personality business image attribution determination lies in the unique correspondence between the performer and the role and whether other performers or users have misleading guidance,if both conditions satisfy the conditions,they can enjoy the corresponding rights and interests;The general rule of determining the ownership of the business image rights and interests of the virtual role is that it must be the civil subject,must have the direct legal basis,and must have the unpredictability;The general rule for judging the ownership of commercial image rights of film works is to follow the principle of honesty and credit,and to have a high reputation.Degree,After discussing the criterion of specific attribution in the protection of commercial image rights and interests,it goes further into the countermeasures of perfecting the system.To perfect the content of legislation regulation,first of all,the perfection of personality right regulation,we can consider adding commercial image personality,bringing human behavior art and voice into the object of personality right,and need to pay attention to the permission of commercial image personality benefit.Transfer and inheritance,that is,we need to pay attention to the economic value of the right of personality interests;Then it is to perfect the legal regulation of tort liability,to increase the infringement of the commercial image rights and interests should bear the liability of damages according to law and make compensation in the order of compensation.Adjustment,the combination of court discretion and the actual interests of the infringer to calculate the amount of compensation;Finally,to improve the contents of intellectual property laws and regulations,and to increase the copyright protection of the names of works.To perfect the anti-unfair competition law in China by regulating the prior rights in the Trademark Law and referring to the Model provisions and Notes on the Protection of Anti-unfair Competition provided by WIPO.