| Virtual role is the product of the high development of modern civilization.With the rise of commercialization activities,more and more virtual roles are used for commercialization,thus giving birth to a new right--the commercialization right of virtual role.Because the famous virtual character itself has the customer attraction,and is easy to combine with the goods or services,there is a huge potential economic value,so,it is easy to become the secondary development and use of the object.The commercialization of virtual characters provides a new idea of commercial promotion for many businesses,and also provides the possibility for the creators of virtual characters to realize their works.Therefore,there will be huge economic benefits in the process of the commercialization of virtual characters,but there will be a lot of infringement disputes along with the huge benefits.Compared with European and American countries,China’s research on the commercialization of rights started relatively late,only a few decades.In theory,there is no clear definition of the commercialization right of virtual characters,and no relevant laws have been issued to protect them.In judicial practice in China,there is no clear standard to identify relevant infringement ACTS.Once the infringement occurs,it will be difficult for the right holder to safeguard his rights and interests through law.Therefore,it is of great practical significance to discuss the protection of virtual character’s commercialization right.This paper starts with the basic theory of the commercialization right of virtual character,and studies it.On the basis of defining the relevant concepts such as virtual role and commercialization right,the commercialization right of virtual role is defined as the right of the right subject to redevelop and utilize the famous virtual role with customer attraction,combine it with the commodity,achieve the purpose of commodity promotion and obtain commercial benefits.In the following part,the author demonstrates the justification that the commercialization right of virtual characters should be protected from the theoretical basis and value orientation.Then,from the perspective of legislation and judicature,it analyzes the current situation of the legal protection of the commercialization right of virtual characters in China,and finds out the existing limitations.Then choose the United States. |
