An Empirical Study On The Commercialization Of Natural Person Images And Virtual Characters

The image of natural person and the virtual roles both have better effects of visual comminication,when they are used directly in advertising and packaging of goods,they will attract public attention in the shortest time,and it will make the operators gain the dominant position in the market competition.This kind of phenomena in the market economy is common,but there are also a large number of disputes.In order to solve these problems,some scholars propose that there should be "merchandising right" to regulate the merchandising of the image of the natural person and the merchandising of the virtual characters.In the face of these realities,the thesis starts with the combination of theory and empirical study,find that there are still shortcomings in the protection of the merchandising of the image of natural people and virtual roles in China,but the conditions for the establishment of "merchandising right" is not sufficient.Therefore,it should be based on the problems of national reality,under the existing legal system to find better way to protect merchandising of the image of the natural person and the merchandising of the virtual characters.The thesis contains four parts except the introduction and the epilogue.The first chapter outlines the connotation and extension of the natural person image,the virtual role and the merchandising,clears the essence of merchandising and they are closely related to the right to personality and intellectual property.From the judicial status,the second chapter summarizes and analyzes the qualitative dispute of the commercialized case of the natural person image,the problem of the merchandising of virtual characters and the problem of the relationship between the two parts.On the base of the above chapters,the third chapter explores the existing problems of relevant legal system in the protection of the merchandising of image of natural people and virtual characters in China.And from the internal logic,judicial practice and legal system,it is proved that is not suitable for the establishment of "merchandising right".In view of the above problems,the last chapter put forward the values,principles and patterns of protecting the merchandising of image of the natural person and the merchandising of the virtual character.And the system of personality right,copyright law,trademark law and anti unfair competition law should be properly adjusted to improve the legal protection of the merchandising of the image of natural people and the virtual role.