美国公开权理论发展史考察——以经典案例为线索

美国公开权理论的诞生、发展乃至成熟,经由一系列经典判决的推动而获得实现。这一系列判决的发展,正是将姓名、肖像、声音等人格标志上的商业价值逐步从隐私权的保护领域中独立出来的过程。公开权最终发展成为旨在保护人格标志上的经济利益的无体财产权。时至今日,美国法中作为财产权的公开权和旨在保护人格标志上的精神利益的隐私权,构成一种二元权利模式。

A Historical Renew on Development of the Right of Publicity in America——from the Perspective of the Classic Cases

The formation, development and maturity of the right of publicity in the United States were promoted by a series of classic judgments, in which it was gradually acknowledged that, the commercial value of persona such as the name, portrait and voice of a person became increasingly independent from the right of privacy. Finally, the right of publicity has developed into an immaterial property right, which aims to protect the economic value of persona. Accordingly, the right of publicity, which is a property r...