A Judicial Empirical Study on the Protection of Voice Rights and Portrait Rights

Abstract

As an important personality marker, how to protect the voice of a natural person has always been a focus of academic discussion. The second paragraph of Article 1023 of the Civil Code of China stipulates that the protection of the voice of a natural person shall refer to the provisions of the right of portrait, and clearly incorporates this new type of personality rights into the protection system of the Personality rights law. However, there is still no clear basis on how to protect the voice of a natural person. Through empirical research on 101 judicial judgment documents related to voice rights disputes in China, it was found that there are unclear definitions of legal relationship elements for reference and application of voice rights protection in judicial practice; There are a series of issues such as unclear scope of reasonable use and unclear liability determination and bearing methods after damage to sound rights and interests. The protection of voice rights and interests is a systematic project. The application of this protection rule not only needs the support of Article 1023 of the Civil code, but also needs coordination and cooperation with other similar personality rights protection rules, reference to the application of subject and object, responsibility bearing form innovation and other aspects, so as to build a perfect judicial application system of voice rights and interests protection.