Recently, "Pinchbeck Lin Junjie year into 1 million, broker company prepares to carry accuse " the news is hot on the net pass, draw the transmit criticism of famous singer even. (on November 8 " Beijing youth signs up for " )
"Reincarnation is door technology work " , follow star longly very picture, star in order to imitate or have his moment when the double of star, gain higher income, go up to live happily too, move toward life summit summit, this is a kind of envy making a person is lucky.
Say from legal angle, "Mountain fastness stars " imitate star, this itself is not had cannot, also be a kind of of recreational industry external demand. But, "Mountain fastness stars " no matter be its oneself,pretend to be star directly this honour, still sponsor just making star this honour name has commercial activity, this is to be in con, attribute illegal action. Encroached star already this honour legitimate rights and interests, also damaged the legitimate rights and interests of the audience that buys a ticket to watch a show.
" civil code general rule " , " tort liability law " and " civil code general principles " specific provision, the citizen enjoys full name authority, reputation right. "Mountain fastness stars " pretend to be star this honour have a show, risk used star this honour full name, this encroached star essentially this honour full name authority, reputation authority, star this honour lawfully authority asks " requirement having right stops enroach on, restore reputation, remove an effect, make an apology, OK seek redress loss. OK seek redress loss..
On the other hand, " advertisement law " the 4th the first section provision: "Advertisement must not contain the content of false fetching perhaps misunderstanding, do not get customer of deceit, misdirect. " " commercial show regulation " the 24th also set the 3rd times: "Commercial show advertisement content must true, lawful, do not get public of misdirect, deceit. " it is obviously " mountain fastness stars " attend a show, publicizing what hit however on placard is star this honour, perhaps show star with very old style this honour full name, and show with very little style " mountain fastness stars " full name, this is apparently in misdirect and beguiling consumer, belong to typical false ad.
Accordingly, to " mountain fastness stars " pretend to be star this honour the illegal behavior of this kind of false conduct propaganda, above all, the market superintends a branch to want to fulfil obligation, must undertake condemnatory with behavior of false advertisement, false conduct propaganda. " advertisement law " regulation, "Instruct stop to release advertisement, order ad advocate the effect is removed inside corresponding limits, 3 times above fines place ad fare below fivefold, ad fare is imponderable of apparent perhaps on the low side, be in million of 200 thousand yuan of above yuan the following amerce " . " consumer rights and interests protects a law " also set, operator has the state of the conduct propaganda that perhaps serves false fetching perhaps misunderstanding to commodity, instruct correct, can be in according to clue sheet or be in a warning, confiscate illegal earning, part in order to violate earning the amerce with one times decuple and the following above, did not violate earning, place with 500 thousand yuan of the following amerce; The clue is serious, instruct close down to rectify, revoke business charter.
Next, broad star is not afraid of a trouble, want to take legal weapon, maintain oneself image.
Moreover, the customer that buys a ticket ought to take legal weapon, safeguard the legitimate rights and interests of oneself. Basis " consumer rights and interests protects a law " the 45th regulation: "Consumer uses false advertisement to provider of means of other perhaps and false conduct propaganda is tasted or serve because of operator, its add up to right beneficial to be damaged, can to operator seek redress. Can to operator seek redress..
Anyhow, "Mountain fastness stars " cannot exceed imitate star and pretend to be star this honour the border between, "Mountain fastness stars " oneself want reject to pretend to be star this honour regard as the bottom line principle of the show. And, "Mountain fastness stars " those who want is long-term, the most essential distinguishing feature that should make oneself, raise the artistic level of oneself, is not blindly imitate, not be to risking legal hazard to pretend to be star more this honour.
