Research On The Perfection Of The Right Of Publicity Of Non-human Persons

Comics,not only for people to enjoy,it the role of the image can also be "secondary development" commercial use,the resulting commercialization rights and huge profits,with the dispute.While most countries in the world including our country legislative regulation of the rights and interests of have no,academic circles rights also have different opinions.So try to through the comparative research,literature analysis method of the present related laws in China and America,Japan,Germany law were studied.The results showed that,by contrast,China’s current law on the protection of the rights and interests of commercial,suggested the objective combined with the actual situation in our country,to individual rights cannot be rushed,from "the copyright law,trademark law,the anti-unfair competition law to perfect.First part,It briefly introduces the research background and significance of the commercialization rights of cartoon images,rights of animation images are different from,and it is emphasized that the protection is the commercial operation value behind the image.The second part is to introduce the basic concepts and theories of the commercialization rights of cartoon images,briefly describe the historical origins,consumer origins,psychological origins and cognitive developments of the rights.It is believed that it has two attributes of property rights and prohibition rights,and After comparing with similar rights,analyze the differences.The third part combines the analysis of specific cases with the protection status of our country,points out the lack of protection caused by the copyright law,and lists several major infringements.The fourth part introduces the legislation exploration of commercial rights in the United States,Japan,Germany,from personality rights as a course,in the animation industry,and learns from the legislation experience.The five part,drawing on extraterritorial experience,combining with my country’s actual national conditions,for the commercialization of animation images in my country,such as adding the "network operation flow",and giving play to the people’s jurors Advantages of fact finding,etc.