What are the provisions for the protection of pen names, stage names, etc. in the 2023 Civil Code?

In real life, many famous artists have their own pen Names or stage names. Many artists may participate in works under their stage names or pseudonyms, instead of signing their works with their real names. So what are the protections for pen names, stage names, etc. in the Civil Code? What are the regulations? The editor of Legal Savior Network has compiled relevant knowledge and hopes it will be helpful to everyone.

1. What are the provisions of the Civil Code on the protection of pen names, stage names, etc.

Pen names, stage names, screen names, translated names, font sizes, names and abbreviations of names, etc. that have a certain social reputation and are used by others enough to cause public confusion can refer to the provisions on the protection of name rights and name rights.

"Civil Code of the People's Republic of China"

Article 1012【 [Right of name] Natural persons enjoy the right of name and have the right to decide, use, change or permit others to use their name in accordance with the law, but this must not violate public order and good customs.

Article 1013 [Name rights] Legal persons and unincorporated organizations enjoy the right to name and have the right to decide, use, change, transfer or license in accordance with the law Others use their own names.

Article 1017 [Protection of pen names, stage names, etc.] Pen names, stage names, etc. that have a certain social reputation and are used by others to cause public confusion For screen names, translated names, font sizes, names and abbreviations of names, etc., please refer to the relevant regulations applicable to the protection of name rights and name rights.

2. Main legal features of name rights

First, the subject of the right to name can only be a natural person, and legal persons do not enjoy the right to name. Only the written mark of a natural person's personality is called a name, so natural persons enjoy the right to a name. The textual mark of a legal person's personality is its name, and it enjoys the right to name.

Second, the object of the right to name is the exclusive right of a natural person to the textual identification of his or her personality. The core issue of name rights is exclusive rights, which cannot be enjoyed or used by others, but can only be enjoyed and used by the right holder himself. The exclusive object is the personal character mark of a natural person, which includes not only the official registered name, but also pen names, stage names, aliases, etc..

Third, the basic obligation of name rights is not to illegally interfere with or use other people’s names. The right of name is an absolute right and a right against the world. Except for the right of name himself, everyone is the subject of obligations and has the obligation not to infringe on his right of name.

According to the provisions of the Civil Code, names such as pen names, stage names, screen names, etc. that have a certain social reputation and are used by others enough to cause public confusion are subject to legal Protection can be handled with reference to the relevant provisions applicable to the protection of name rights and name rights. If you need legal help, readers can go to the Legal Savior Network for consultation.