Research On The Protection Of Natural Human Voices

Different from the traditional personality rights such as name,portrait and reputation,the voice of natural person itself is a kind of fleeting personality interests.According to the second paragraph of article 1023 of personality rights in the civil code,the protection of natural person's voice shall refer to the relevant provisions on the protection of portrait right.It can be said that this provision integrates the strengths of various theories and brings the voice,a new type of personality interest,into the protection system of personality right law.However,there is no clear basis for how to protect the voice of natural person.How to understand the reference application,how to grasp the scope of application,how to identify and investigate the responsibility of sound infringement need to be further studied.This paper focuses on the legal issues of sound protection,in order to provide useful reference for the improvement of sound protection system in China.The paper is divided into five parts.The first part discusses the three physical characteristics of natural person's voice,and then discusses the property and personality of natural person's voice.Finally,it discusses the legal value of the protection of natural person's voice in the civil code.The second part,through the comparative analysis of different protection modes,thinks that China's voice protection is a new type of personality interest protection mode,and discusses the advantages and possible problems of this protection mode,including whether the voice interest owners can enjoy the right to claim personality rights and the application method of voice reference protection.The third part clarifies the scope of the subject,object and content of natural person's sound protection.The main body of protection includes all natural persons but not legal persons,and the voice of the dead should be properly protected;the system of protection object is the voice carrier to express the content,not the voice itself;as for the relationship between the internal and external of collective voice,it has to be punished internally and has an inviolable obligation externally;in terms of the content of the voice protection of natural persons,this paper thinks that it should include The following contents: first,the right to record one's own voice,that is,the right to store one's own voice on a certain medium.Second,the right to control one's own voice includes the right to control spiritual interests and the right to control property interests.Third,the right to dispose of one's own voice,that is,the right to license one's own voice to others.Finally,the right to claim for the protection of voice rights and interests includes the right to claim personality rights and the right to claim damages.The fourth part discusses the specific identification of natural person's voice infringement,including the principle of imputation,the manifestation of infringing others' voice,the identification of infringement damage and the causal relationship between infringement and damage.Finally,it discusses the fault of the infringer,and thinks that the content of the fault should include intention and fault.The fifth part discusses the responsibility of voice infringement.Firstly,it analyzes the individual liability and joint liability of the infringer under the background of Internet.Secondly,combined with the relevant provisions of the civil code,it summarizes the way of bearing the responsibility of voice infringement.Finally,referring to the relevant provisions of the portrait right,determine the scope of the reasonable use of sound.