The Exploration Of The Rights And Interests Of The Commercialization Of Virtual Characters

With the rapid development of science and technology,the cultural industry has also moved from a single to a rich,which has created a large number of well-known virtual roles,and at the same time,marketing methods and business models are constantly emerging,these roles not only deeply rooted in people’s hearts,It has also brought considerable economic income to the creators.When these virtual characters are widely commercialized all over the world,they often cause strong consumer desire,but when these virtual characters bring about significant marketing effect,they often also bring some illegal businessman’s tort.For example,in order to obtain their own best interests,some speculators use their avatars to endorse their own products without their permission,which in turn infringes portrait rights and is not conducive to the maintenance of legitimate business order.Therefore,in this case,it is more realistic to explore the protection measures for commercial rights of virtual characters.From a time point of view,our country’s academic community has realized that the commercialization rights of virtual characters have been later than other countries.So far,China has not introduced a special law to protect it.At the same time,The commercialized rights and interests of virtual characters will also cause a variety of doubts in judicial practice,and there is no legal support for the reasons and behaviors of their protection.Under this circumstance,this study focuses on how to protect the commercialized rights of the virtual role in our country’s legal system,and based on our country’s legal system and social status,to provide some reference measures.This article can be divided into five parts:The first part analyzes the basic question of this right and find the nature of this right on the basis of defining concept.In order to build a whole theoretical framework as a legal relation of this right.The second part lay out the US and Japan’s advanced protection of merchandising right.It contains the some method which take good care of intellectual property.Combining with typical cases happened in certain judicial practice,the analysis from different countries shown us the way of making applicable rules.The third part indicated the limitation of our current legislations on protecting this new right.Since the traditional intelligent property have different protection purpose which compared with this new right.The mode of protection though copyright,the trade mark law,and anti-unfair competition.The fourth part issued the subject and object of the merchandising right.It also pointed out the doctrine of liability fixation of merchandising right.The last part give several suggestion about protection.It is said that merchandising right will be made to the regulation of existing copyright law,trademark law,and anti-unfair competition law for providing cross protection of this right.Besides,conciliation before lawsuit could be another way to solve relative problems.