The School Art Regulation of Privacy Commercialization
|School||Northeast Normal University|
|Course||Civil and Commercial Law|
|Keywords||privacy interests of personality privacy commercialization legal regulation|
Commercial utilization of privacy is the inevitable product of economic andsocial development. With further development of market economy and reformopening, the economic value of personality factors has become increasinglyprominent. Name, portraiture and other personality factors in some commercial usehas been accepted by the community. The economic value of privacy, therefore, hasdevelopment possibilities in commercial use. This article will discuss thisphenomenon in four main parts.Firstly, I will define the term of privacy based on the research of relateddoctrines and discussions between scholars on the subject of commercialization ofpersonality right. And also, I will discuss the methods, effects and problems of thecommercial utilization of privacy.Secondly, I will elaborate the basis of this phenomenon from both of thetheoretical and practical aspects in reference to the current situation of the commercialutilization of privacyThirdly, I will introduce the response of civil law and common law countries andTaiwan Area after analyze the legal regulations regarding this matter in China atpresent, and look forward to providing reference to the improvement of our regulationFinally, I will propose some suggestions on the legislation of commercialutilization of privacy. We should face up to the facts of commercialization ofpersonality rights, adopt the personality right doctrine in theory, expand the scope ofprotection, as not only to protect the spirit interest of personality, but also theeconomic interest. In order to systemize this phenomenon, I suggest the right ofprivacy should be written into the Constitution, and the existing copyright law and therelevant legal system should be improved continuesly In addition, we shouldestablish remedies for commercial interests of privacy by referring successful practicefrom other countries, , including: Infringement litigation, Breach of contract litigation,Unjustified benefits litigation.