| With the popularization and application of the Internet and intelligent products,the value and charm of sound are gradually highlighted,and there are more and more behaviors infringing on the sound,so the sound is in urgent need of protection."Civil code" has provided a legal basis for voice rights relief,but the regulations are broad and practical operational is not strong,and encroach upon sound and image has a bigger difference,the performance of fully comply with the provisions of the rights does not favor the voice of the dispute,at the same time will also be the difference between the right of voice and image rights are left out of the legal protection,The voice right still needs to be further explored and the system should be improved.To achieve the perfect of the sound system is to protect the right of definition for voice sound,declared the sound personality right position and connecting with the tort law system,to really implement the protection of sound,at the same time,through analysis of examples in practice it is concluded that the manifestation of voice right infringement and reason,and then find out the sound right system perfect,the basis of which concrete Suggestions are put forward.The definition of the right of voice.On the one hand,from the point of view of legislative purpose,the "reference" two characters reflect the lawmakers did not image right extends to the field of sound protection,the voice is not falls within the scope of object image,and image rights protection of voice is not directly but indirectly protect,integrated the current power system in our country,the essence of the right to voice shall be regarded as independent of specific personality right.On the other hand,voice as a personality element can not be included by other specific personality rights,so there is a boundary relationship between voice and other rights in the aspects of object,right nature,compensation and so on.In addition,according to the logic of voice clause,the subject of portrait right is the same as the subject of voice right,that is,deaf and mute are included,while fetus,legal person and virtual subject of network are excluded.A typological analysis of acts infringing on the right of voice.The tort of voice right is analyzed from three different environments mainly according to different carriers.The main infringement in the film and television environment is to record and use other people’s voice and imitate it for profit.Tort acts in the network environment are mainly to imitate,make public without authorization and edit other people’s voice for the purpose of defamation.In artificial intelligence environment,there are infringement behaviors such as using sound as intelligent product without authorization,using technology to forge and synthesize other people’s voice,and collecting and selling sound materials at will.Through the classification analysis,the main reasons for the infringement in the film and television environment are that the legal status of the right of voice is not clear and the definition of the right is not clear because of the confusion between the right of voice and the relevant right objects.In the network environment,the inheritance and protection period of the voice interest are not clear and the specific provisions of the infringement of the voice right are not clear.In the artificial intelligence environment,the reason is that the principle of dealing with breach of contract and tort is not applicable to the right of voice system and the tort compensation standard is not clear.The protection path of voice right and the way to assume tort liability.The right of voice usually has three ways of relief: personality right law,contract law and tort law.However,human rights law has no perfect way to assume responsibility,and contract law has a narrow scope of use,so the protection of the right of voice should return to tort law in the end.Finally,the protection and relief of the obligee can be realized by means of non-property liability,property loss compensation and spiritual damage compensation.Suggestions on perfecting the voice right system.In terms of the way to perfect the right of voice,it is more appropriate to perfect the specific content of the right of voice through judicial interpretation in the form of comprehensive consideration of the current legal system,the stability of the law,the efficiency of making the law and the research status of the theoretical circle.In terms of specific content,it is beneficial to further study the right of voice by clarifying the status and content of the right of voice in law.When multiple rights are violated,the definition of the object of the right of voice is conducive to distinguishing the right of voice from related rights.However,it is necessary to clarify the principle of right aggregation to solve the problem of right congruence and cooperation.To judge whether the right is infringed,the infringement of the right of voice should be clearly defined.According to the analysis of the infringement in practice in the second part,it can be clearly stated as follows:Unauthorized recording and discrediting the voice of others,imitating for profit or imitating for the purpose of discrediting others,using the voice of others as commercial advertisements or intelligent products,collecting and selling other people’s voice materials,making public,editing,synthesizing,forging and other processing behaviors without authorization.In terms of the remedy of rights,the right to claim for infringement is the most common and universal way,and a clear and specific compensation standard is beneficial to the remedy of rights. |
