| Theoretical experts have been studying the legal protection of voice in recent years.With the promulgation of the "Civil Code of the People’s Republic of China",the protection of voices has been written into legislation.In this way,protecting voice rights in our country has been formally recognized by the law.Although short,there are many connotations worth digging into.The voice itself has commercial value for use.Citizens can create sound products with their own characteristics through various audio platforms;they can also become anchors in live broadcast platform and create their own columns;they can also output the property value of their own voices through the podcast platform.As more and more sound products flood into the market,the use of sound is expanding,and the value of sound is increasing,and the sound is attracting more and more capital’s attention.There are many potential risks in it.As one of the personality characteristics of a person,the voice,like a portrait,has the characteristics of uniqueness and stability of the subject’s identity.It is these characteristics that make the voice have the conditions for legal protection.Judging from the current legislative provisions,the "Civil Code" does not clarify the concept of "voice rights",and the new "Regulations of the Causes of Civil Cases" issued to comply with the "Civil Code" only uses "voice protection disputes".We can only call it "voice rights".However,on civil law protection of voice,China’s academic theories and practical experience are constantly moving forward.Under the new trend of codification,how to correctly regulate the content of the civil law protection of "voice rights" with reference to the civil law protection of portrait right is the issue that needs to be studied in depth in this paper.Voice is recognizable.For its subject,it contains important social functions and profitable commercial value.It is an essential personality element to realize the all-round development of natural persons.Since voice can act as an important part of personality elements,it should be protected under the civil law.At present,the theoretical analysis and research of voice rights are not in-depth enough,especially after the promulgation of "Civil Code",how to refer to the study of the application of portrait rights still needs in-depth thinking.Therefore,this paper,based on the “Civil Code”,intends to discuss the right of voice with reference to the protection of portrait right by applicable legislation,and analyzes the legal basis of civil law protection of voice and the basic connotation of voice protection,and explains the main value of its protection.Through a comparative analysis of the legislation of voice rights outside the territory,it aims to clarify the content,scope,and methods of protection of voice rights,in order to provide a better protection plan for behaviors that infringe on voice personality interests in judicial practice in the future. |
