“模仿秀”民事侵权行为研究

On the civil tort of notability - imitation show

随着“模仿秀”在电视节目、舞台表演的出现.引起了法学理论界和司法实践部门的争论。核心问题是:“模仿秀”是否构成侵权?健康有益的“模仿秀”不可能构成侵权,超出法律规则规范和社会公共利益约束、有不正当目的的“模仿秀”则构成对表演者的表演者权、肖像权、姓名权的侵犯。是否以营利为目的,并不是“模仿秀”构成民事侵权的标准.认定“模仿秀”的民事侵权行为应从主观动机和实现营利的方式和手段去判定。

The appearance of notability - imitation shows on TV and stage brings forth arguments in the field of law, which mainly focus on whether notability - imitation shows forms civil tort or not. It is argued in this paper that healthy and beneficial notability - imitation shows should not be regarded as a tort. Only when the shows have gone beyond the regulations of law and social morality, or they have an improper intent, should they be regarded as infringing upon the rights of effigy and name of the person being imitated. Making money as a purpose should not be the criterion of judging a show to be a civil tort or not. It is the subjective motives and methods of earning money that compose the criteria of judgment.