| Personality rights include spiritual interests and property interests on personality, which has already been widely recognized by law all over the world. Property interests on personality derive from the commercial use of personal characteristics. Utilitarian arguments such as labor property theory, incentive theory and economic models of law theory can not fully demonstrate the legitimacy of the protection of property interests on personality. In fact, the protection of property interests on personality is the inevitable requirement to maintain human dignity and safeguard the freedom of humanity. Furthermore, on the analogy of the property rights on works, we can find its legal ground in current law. Whether alive or dead, the property interests on personality of a human being ought to be protected. In the context of current legal system in China, the protection of property interests on personality of a living person should adopt the monism model and unify the spiritual interests and property interests on personality under the overall protection of personality rights without the creation of another independent property right on personality. The protection of property interests on personality of the deceased should refer to the model of publicity right of American Law. Both the use and making profit from the personal features of the deceased are the content of an intangible property right of benefiting from the personality of the deceased, which must belong to the heirs of the deceased. The exercise of this right should be in accordance with the known or supposed will of the deceased. The exercise period is suggested to be 50 years. When this intangible property right is infringed, the successors could claim the infringer to stop the infringement, compensate for the loss and restitute the unjust enrichment. |
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