An Analysis Of The Commercialization Rights Of Cartoon Images

The process of commercializing animation images has been rapidly developed in our country's practice.This is proofed by the full-blown of the animation industry chain in China.Although China's animation industry has a strong momentum of development,the potential contained in the animation industry has not yet been fully developed,and the animation industry's role in driving the economy has not been fully reflected.In terms of the development of animation,China is far from the United States,Japan and South Korea.As early as the 1990 s,the merchandising right had been theoretically researched and studied by academic.But until now,the merchandising right of animation images has remained in theory.The continuous development of changes in commercialization practices has made it impossible for the academic community to form a consensus on the concept,nature,and extension of the merchandising right.The author believes that the merchandising right having not been implemented in practice,and the limitations of the law,the lagging of statutory law,the lack of protection of the cartoon image,and the frequent occurrence of pornographic infringement cases in practice have become the negative factors of the rapid development of animation industry.Therefore,the author takes the necessity and rationality of merchandising right of animation image as its starting point,and uses case analysis,comparative analysis,and historical analysis methods to analyze this right in theory,law,and practice,as well as at home and abroad.The status quo of the research status is analyzed and the problems existing in the establishment of this right in our country,and corresponding solutions are proposed.The author believes that the right to use or authorize other people to use animation images to produce various products is the merchandising right of animation images.Integrating China's existing legislative conditions and practical experience,establishing merchandising right in practice,and forming a comprehensive legal protection model that focuses on copyrightlaw and supplemented by trademark law and unfair competition law,is the most ideal choice currently.The first part of the article clarifies the concept of animation,introduces the current situation of China's animation industry to illustrate the necessity of the research theme of this article;and introduces the process of the commercialization of animation images,reviewed the historical process of the development of merchandising right,analyzes the academic community's disputes over merchandising right,and indicates the connotation of the right,which provides a theoretical basis for the study of this article.The second part discusses the research status of foreign countries,and uses case analysis methods to analyze the foreign protection model about merchandising right of animation image to draw lessons from its useful experience.The third part clarifies the current legal protection model for animation images in China,and analyze existing problems about the protecting model.The fourth part is based on the above theoretical and practical analysis,and proposes corresponding method to improve China's legal protection on the level of copyright law and related laws,and judicial practice.The conclusion part systematically summarizes the content of the full text.The author believes that the protection of the merchandising right of animation images should be a gradual and orderly process.