| From the moment a newborn child is born into human society,its individual voice is born with it.Each individual is born with a "tailor-made" voice that is specific and recognizable.This ’individuality’ means that each individual in society has irreplaceable social and economic value and is an important part of the personality.Voice is an essential element of personality for the full development of the individual.In view of this,it is only right that civil law should include voice within its scope of protection,particularly as a right of the individual.In particular,with respect to the Internet era,the application of AI technology,the significance and individuality of the voice are becoming increasingly significant,but there are two sides to everything and,at the same time,violations of the voice are becoming increasingly serious,so the protection of the voice is a matter of urgency.Despite the fact that the Civil Code explicitly protects sound,the protection of sound rights has long been marginalized and habitually ignored.Moreover,the law is not detailed enough about sound protection,which is not easy to apply in case law,and the difference between sound and portrait is thousands of miles.It is of practical significance to continue the in-depth study of sound rights,optimize the protection system,and analyze specific cases in case law to determine the basis for improving the sound rights system and make concrete suggestions.The current theoretical debate on rights and interests in sound is not sufficiently deep,especially since the enactment of the Civil Code,and a more detailed analysis of how image rights should be applied in the context of an investigation is needed.In light of this,this essay studies the recommendation of protecting image rights with reference to current Civil Code legislation,explores the basic connotation of sound rights and the case law basis for the civil law protection of sound,illustrates the value and significance of the protection,compares and analyses sound rights legislation in foreign countries,and clarifies the systematic content of sound rights to provide a better protection regime against the violation of sound personality interests in case law in the future.The first section examines the backdrop to the protection of sound rights,their role in civil law and the legal interests that need to be protected to the creation of this right in the context of the implementation of the Civil Code,as well as the controversial issues that arise in the practical application of the right.This section examines the protection of the right to sound in general,presenting the scientific views of various experts and scholars,as well as a more comprehensive presentation of the protection of the right to sound in the light of foreign research.The second section,which related to the protection of the right to sound,focuses on some situation and challenges at present.Nowadays,the preservation of sound rights is not perfect and concerns only portrait rights.The court practice does not pay sufficient attention to preserving the sound rights,which states clearly the flow of the current civil law protection of voice rights.The third section sets out the basics of the theory of civil law protection of the right to vioce.First,the author defines sound and sound rights,and distinguishes sound rights from image rights by applying the provisions on image rights.It then analyses the elements of sound rights in terms of subject,object and content.The importance of the need to protect sound rights is then highlighted.The fourth section compares the civil law protection of phonetic rights in foreign countries and draws relevant conclusions.Unlike our country,in Canada,the United States and France,sound rights are directly protected,with varying degrees of protection.This section analyses how each country protects the sound rights.According to the foreign legislation,we can refine the legal regulation framework in China.The fifth part is the core that includes some advice on protecting sound rights system.There are three main points: the first concerns the legality of the use of sound,as there are deficiencies and limitations in the way in which the use is licensed,to define the relevant provisions of scientific propriety.The second is to provide more comprehensive and detailed protection of sound rights by clarifying the component of liability for tort.The third is that perfects the civil law protection to the sound right by taking a holistic approach to the content of rights and obligations. |
