I support this provision. I think this provision protects the rights and interests of individuals better and more comprehensively.
1. Legal provisions:
Article 123rd of the Civil Code of the People's Republic of China stipulates:? Permission to use names, etc. shall refer to the relevant provisions on the permission to use portraits. The protection of natural person's voice shall refer to the relevant provisions on the protection of portrait right. ?
2. Background of legal provisions:
Sound, like portraits, has personal attributes, and through sound, it can be an important basis for identifying personal identity, so the Civil Code was put forward? Voice right? , to prevent it from being confused, abused, fraudulently used, improper use, damage to the voice right of the voice subject, and even the right of reputation. The voices of famous stars such as Degang Guo and Lin Chi-ling are applied to software such as navigation and article reading. Another example is Zhao Zhongxiang's explanation of Animal World and Li Lihong's explanation of China on the Tip of the Tongue. These people's voices have corresponding economic value. Once their voice words and fragments are edited and reorganized and applied to other software or scenes, it may cause damage to the personal rights and property rights of the voice subject. Before the promulgation of the Civil Code of the People's Republic of China, the protection of sound in China's laws was not blank. According to the different contents and forms of sound, the protection of sound in China's existing legal system mainly relied on Articles 8 and 57 of the Trademark Law, the rights of performers in the Copyright Law and the relevant provisions in the Anti-Unfair Competition Law. ?
3. Significance of protecting the right to sound:
This legislation actually recognizes that sound belongs to an independent new personality right, and in terms of rights protection, it refers to the protection mode of portrait right. It is generally believed that the acts of infringing on the right to sound include improper editing, splicing and processing of others' voices, which leads to the violation of others' original use intention; Distortion, unauthorized use of other people's voices, etc. Whether imitating the voice of a celebrity is infringing depends on the specific situation. According to Article 994 of the Civil Code, if the name, portrait, reputation, honor, privacy and remains of the deceased are infringed, their spouses, children and parents have the right to request the actor to bear civil liability according to law; If the deceased has no spouse or children and his parents have died, other close relatives have the right to request the actor to bear civil liability according to law. Therefore, with reference to the protection of portrait rights, the deceased's? Voice rights? After being infringed, it should also be protected. It is worth mentioning that for the deceased? Voice rights? After being infringed, the subject who has the right to file a claim, the Civil Code has made a provision similar to the legal succession 9, that is, the spouse, children and parents are the first in line, and other close relatives are the second in line. ?
Although in judicial practice, whether imitating the external images and voices of celebrities constitutes infringement is still controversial. But generally speaking, as long as there is no pursuit of impersonation, misleading, confusion and other illegal purposes and behavioral effects, it should not be simply identified as infringement.