| （Law School，Xiangtan University，Xiangtan 411105，China） Abstract: In European countries the right of publicity has not been confirmed as a standalone right in their legisla-tions. Conflicts in the attribution of athletic right of publicity mainly exist in between individual athletes and the sports associations they belong to. From the perspective of the existing practice in resolving such conflicts, Euro-pean countries mainly adopt the way to sign an agreement beforehand to determine the attribution of the right. This kind of conflict resolving way is valid only for the parties in the agreement, yet it has not been uplifted to the per-spective of unified legislation, thus it is not conducive to the protection of athletic right of publicity. The way adopted by European countries to protect athletic right of publicity is a combined way of the protection of the right of personality and the special handling of individual cases. This kind of protection falls far short of embodying the commercial value of the personality of athletes, thus it can hardly prevent speculating acts of merchants effectively.
Key words: athlete；right of publicity；right of personality；Europe |
