关键词: 美国公开权, 隐私权, 人格权, 人格要素, 财产性利益

Abstract: The commercial use of personality elements does not change the nature of personality rights,but reveals the property interests of personality elements.From the historical development of the right of publicity in the United States,it can be analyzed that the creation of the right of publicity is to make up for the lack of the right of privacy.In American law,the right of privacy appears in the common law and is gradually established as the statute law.It is difficult to extract the concept of general personality right.By comparing the ways and effectiveness of the protection of name,portrait personality and other elements in American public right system and Chinese general personality right system,this paper explores whether it is necessary to adopt the independent right protection mode for the commercial interests of personality elements.In China,through the regulation of name right,portrait right,trademark right and anti unfair competition law,we can effectively regulate the property interests of personality elements,so as to achieve the similar protection effect with the American public right system.Therefore,it is not necessary to introduce the system of the right of publicity in order to avoid unnecessary impact on the existing civil legal system of our country.It should be explained that the phenomenon of commercialization of personality right in the tradition of civil law system,and promote the positive use of personality right.

Key words: America right of publicity, right of privacy, right of personality, personality elements, property interest