The Commercialization Of The Personality Right

In modern society,the commercialization of personality rights is becoming more and more common,and the use of personality signs of celebrities or public figures is increasingly frequent.The property interest of the personality right is gradually protruding,and the spiritual benefit is gradually diluted.The related tort cases are increasing,but the traditional theory of personality right cannot perfect the protection of the commercialization of the personality right.Therefore,the research on the protection mode of the commercialization of personality right has realistic needs.In our country,the legislative work of the Civil Code is being gradually carried out,under the background of "personality right law",it is of great significance to guide the future legislative and judicial activities by analyzing the comparatively mature protection mode in the comparative law and finding the protection path suitable for the commercialization of the personality right of our country.The text is divided into three parts: the first part is to analyze the formation and theoretical basis of the commercialization of personality right,so as to clarify the necessity of protection.The emergence of the commercialization of personality rights cannot be separated from the advances in technology such as printing,photography and the Internet.These technologies make the property interests of the personalities of celebrities or public figures prominent in the commercial society,and these property interests will inevitably produce the protection of the commercialization of personality rights.However,the protection of the commercialization of personalityrights is different from the traditional protection of personal rights,and its emphasis is on the protection of property interests,such as how to compensate the property interests in the infringement of personal rights,and whether it can be transferred or inherited.Therefore,the traditional protection mode of personality right can not make proper protection to the commercialization of personal right.In addition,the commercialization of personality rights has the legitimacy of maintenance.The reason of justification is mainly labor theory,to prohibit the theory of unjust enrichment,utilitarian theory,first-account theory,consumer rights protection theory and personality autonomy Theory,the author analyses these theoretical foundations,and holds that every theoretical foundation has its own defects,for example,labor theory cannot explain the attention of ordinary people due to some unexpected events,So that their personal rights have economic value.The theory of personality Autonomy embodies the independent control of the personality factor,emphasizes the core position of the personality right,and the transfer of the property value of the personal right cannot be explained.The second part mainly analyzes the comparatively mature protection mode in the comparative Law,and explores how to protect it.Firstly,it introduces the system of public right in America and the protection mode of personal right property in German law.The public right system of American law is to separate the property interests from the right of privacy,to create a new rights-public right,the right to privacy to protect the moral interests of personality rights,the public right to the property interests of personal rights protection.Germany advocates the unified of the personality right and confirms the economic interest in the personality right.Through the core difference of the two modes--to regard the property interests of the personality right as the right or the legal benefit,and the analysis of the transfer or the inheritance stipulation,to clarify the difference between them.Secondly,to solve the micro-specific application problems.To determine the commercialization of personality rights of the subject matter,such as subject scope,subject state and number of subjects.And the use of personal rights commercialization of the object such as name,portrait,voice,personal information analysis.Finally,the articleintroduces the protection mode of the protection mode in the German law and the American law,mainly on the tort law,improper enrichment and illegal management,and refines the calculation way of the damage compensation.The third part is the present situation and consummation of our country's personality right commercialization.This paper analyzes the present situation of the protection of the commercialization of the personality right in China from two aspects of legislation and judicature.In legislation,there is no direct regulation on the commercialization of personality right,which is still a blank.There is no uniform stipulation on the degree of cognizance and protection of the commercialization of personal right in judicial practice;In the choice of mode,the author thinks that our country can adopt the protection mode of American law,and regard property interests as property rights,because the cognizance of property right can fully reflect the property value of personality rights,and it is more beneficial to its protection.In the perfection of the commercialization of our personal right.In the author's opinion,firstly,we should restrict the commercialization of personal right,for example,the commercial use of personal right should abide by public custom and should not forbid the expression of others ' speech or press freedom.Secondly,the scope of the subject should be enlarged,and the property interests of the deceased's personality should also be the object of protection.The author thinks that the protection period of the property interests of the deceased's personality can be set by reference to the copyright provisions in the intellectual property law.Finally,we should enrich the protection way of the commercialization of the right of personality,increase the unjust enrichment system and the illegal management system to make up the deficiency of the protection means in tort law.