| 英文摘要 |
Currently in Taiwan, individuals can request for property and non-property damages in accordance with the provisions of Article 18 of the Civil Code, the first paragraph of Article 184 Paragraph 1, and Article 195 Paragraph 1 of the Civil Law as well as request the court to remove due to the infringement or request to prevent it. Moreover, in judicial practice, there are often judgments of compensation for non-property damages that only recognize moral interests. It is worth noting that in the United States, individuals who claim the personal publicity rights of a property nature can also claim for infringement compensation. The recent controversial badminton men’s doubles incidents of Li Yang and Wang Qilin which results in the only amendments proposed by legislators are the Civil Service Law and the National Sports Law. Although successive revisions have been amended, the Civil Service Law related to business operations is excluded and part-time regulations along with the scope of amendments are still limited. The property rights disputes arising from right of publicity had developed earlier in the United States as the names or portraits of famous sports players or entertainers have been repeatedly infringed. Therefore, the concept of right of publicity has been developed from judicial practice and state laws and has become a right that is protected independently from personality rights. The right of publicity helps protect an individual’s autonomy and rights at all levels of society, including name, image, and likeness. The right of public display is increasingly important in today’s society. Professional players in the United States, such as Major League Baseball have developed strict contractual specifications for the attribution of portraits. As for amateur players such as the NCAA, it has established extensive control over college athletes in response to the Fair Pay to Play Act in California and other similar state laws. The pressure brought by the organization and the relevant policy changes can be used as a reference for the protection of right of publicity of sports star players in Taiwan’s legal system. |
