According to the Civil Code of People's Republic of China (PRC), the permission of name, etc. Reference should be made to the relevant provisions of the applicable portrait license. The protection of natural person's voice refers to the relevant provisions on the protection of portrait rights.
Basically, it can be understood that the protection of sound and the protection of portrait right are treated equally.
Theoretically, the principle of identifying individuals by voice and portrait is basically the same. Voice recognition is similar to portrait recognition, and it is mainly realized through people's unique thinking activities such as perception, memory and association. The difference is that the former is perceived by visual organs and the latter by auditory organs. Similar to portraits can be copied and used in some commercial activities, sound can also be put into commercial fields by recording and other means, resulting in similar use value as portraits.
How does the civil code protect the voice of natural persons?
First, locate the personality attribute of voice. A person's identifiability lies not only in his appearance, but also in his voice. There are subjective differences in loudness, tone and timbre of sound. Theoretically, the principle of identifying individuals by voice and portrait is basically the same.
Second, it is certain that sound also has commercial value. Similar to portraits can be copied and used in some commercial activities, sound can also be put into commercial fields by recording and other means, resulting in similar use value as portraits.
Third, sound protection refers to the protection of portrait rights, that is, no organization or individual may infringe on others' voices by uglification, uglification or forgery by means of information technology. Without consent, you shall not make, use or disclose other people's voices. Without the consent of the obligee, reasonably implement the following acts:
(a) to use the voice that has been made public by the voice owner within the necessary scope for personal study, art appreciation, classroom teaching or scientific research;
(two) for the implementation of news reports, it is inevitable to produce, use and publicize the voice of the right holder;
(3) State organs produce, use and publicize the voice of the voice owner within the necessary scope in order to perform their duties according to law;
(four) in order to show the specific public environment, it is inevitable to make, use and make public the voice of the voice owner;
(5) Other acts of making, using or making public the voice of the voice right holder in order to safeguard the public interest or the legitimate rights and interests of the voice right holder.
legal ground
People's Republic of China (PRC) Civil Code
Article 1023 Permission for names, etc. Reference should be made to the relevant provisions of the applicable portrait license.
The protection of natural person's voice refers to the relevant provisions on the protection of portrait rights.
Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law.
Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc. Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.
Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting. Article 1022 If the parties have not agreed or clearly agreed on the license period for portrait use, either party may terminate the license contract for portrait use at any time, but it shall notify the other party before a reasonable period.
If the parties have clearly agreed on the duration of portrait license, and the owner of the portrait has justified reasons, he may terminate the portrait license contract, but he shall notify the other party before a reasonable period. If the termination of the contract causes losses to the other party, it shall compensate for the losses, except for reasons not attributable to the portrait holder.