Is personality right higher than copyright in my country?

Regarding the question of whether Personality rights are higher than copyright in our country? Let’s take a look at it with the editor of Legal Savior Network.

1. Is personality right higher than copyright in my country?

Personality right is higher than copyright. The personality rights enjoyed by people are endowed by the law and are ultimately realized through the confirmation and implementation of the law.

Personal rights are essentially a legal right. In different or the same historical periods, the scope of applicable subjects of personality rights recognized and protected by law is also different. Personality rights refer to the inherent civil rights that are exclusively enjoyed by civil subjects, take personality interests as the object, and are necessary to maintain the independent personality of civil subjects. In short, these civil rights that use the method of rights to legally protect the different personality interest elements that constitute personality are personality rights.

2. What are the legal characteristics of personality rights?

Compared with other civil rights, personality rights mainly have the following characteristics:

1. Personality Rights are basic rights inherent to civil subjects in accordance with the law. The so-called inherent means that natural persons enjoy personality rights from birth and non-natural persons from the date of establishment. Its acquisition does not require active actions by the civil subject, but is directly granted by the law. As an inherent right, personality rights are always accompanied by civil subjects. Of course, personality rights are still legal rights in nature, and the scope and method of protection of personality interests are actually enjoyed by right holders only because of the affirmation of the law.

2. Personality rights are civil rights exclusively enjoyed by civil subjects. On the one hand, personality rights are the prerequisite for the maintenance of civil subject qualifications. The absence of personality rights will lead to the weakening of civil subject qualifications; on the other hand, from the perspective of its rights elements, any personality right must be based on specific civil subject qualifications. The subject is relied upon and used to express its value and personality. In terms of specific legal effects, the exclusivity of personality rights is concentrated in the restrictions on the abandonment, transfer and inheritance of rights.

3. Personality rights take the personality interests of civil subjects as their objects. Personal interests as the object of personality rights are interests that should be protected by law. Unlike tangible property interests, personal interests, whether abstractWhether it is specific or specific, they are all reflected in the spiritual category to a large extent; they are all freedom and complete interests of behavior and mental activities, and take human spiritual activities as the core.

If both personality rights and copyrights are infringed in a case, it is generally necessary to give priority to protecting personality rights, because human rights are high. for all interests. However, in actual cases, it is necessary to comprehensively consider various factors to resolve disputes and strive to ensure that personality rights and copyrights are not infringed to the greatest extent.

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