天津体育学院学报

将新制度经济学、民法学理论结合起来,对运动员的肖像权、无形资产的所有权、运动员与投资者(或用人单位)之间的权利与义务关系的形成机制进行研究。认为运动员无形资产包括运动员的荣誉、知名度、亲和力和影响力等内容,肖像权不属于运动员的无形资产,而是保护、开发运动员无形资产必不可少的权利;投资主体多元化不能改变运动员无形资产的私有性质,运动员的无形资产只属于运动员本人;投资者(或用人单位)拥有的并非是运动员无形资产的所有权而是债权,即运动员无形资产的部分使用权和收益权;债权、债务关系是界定投资者与运动员之间权利与义务关系的法律依据。据此,对国家体育总局有关运动员无形资产开发的文件进行了评述,并提出了相应的建议。

Using theory of new institutional economics and law,the right of portrait and professional athlete's intangible assets were analyzed.The following conclusions were drew:1.Professional athlete's intangible assets was consisted of athlete's reputation,popularity,appetency,influence,and so on;.2.The right of portrait didn't belong to professional athlete's intangible assets,but was the essential right to protect and to exploit professional athlete's intangible assets.3.No mater in what form,could never change the private nature of proprietorship of professional athlete's intangible assets.The owner of athlete's intangible assets was only the athlete himself.The right that professional athlete's investor owned was just a part of the right to income and the right to use,but not property ownership.4.Institution and contract was the law foundation to deal with the distribution of right and duty between athletes and investors.According to these viewpoints,the author observed on some documents of Chinese general administration of sport and brought forth some corresponding proposals.