The term commercialization describes the propagation of the market and an economic logic of action in other areas of society. Among other things, the issue of commercialization of intangible goods in civil law plays a role. Besides being spoken in cultural-critical analysis of the commercialization of the arts, sciences or sport.
In the German law is discussed under commercialization, the extent to which monetary compensation is to be paid for damages that were originally understood as non-economic damages. This is based on the idea that in today's economy society where nearly everything is to be had for money.
However, the law distinguishes explicitly in § 253 paragraph 1 BGB between wealth and non-pecuniary damage, and does the latter for compensation in money only then, if the law explicitly determined (eg pain and suffering).
According to the Court for the protection of the general right of personality, it 's about how parts of this right may have financial value character, so that injuries result in damage damage claims. Against the commercialization is argued that this the personal rights of third parties would be available. Proponents argue that the personality of celebrity is already an economic recovery accessible and this therefore also the carriers of personal rights - should benefit - or their legal successors.
The commercialization also in terms of " lost on his boat " was discussed ( § now 651f para 2 BGB: " If the trip was ruined or significantly affected, the traveler may demand adequate compensation also for spent to no avail vacation time into money. "). Others also support the meantime customary law recognized judicial development of the law on the Kommerzialisierungsgedanken already be able to use the option of a motor vehicle after, money has value (so-called loss of use compensation ).
To avoid information monopolies an integrated commercialization of information of general interest to the exclusion of third parties is constitutionally inadmissible in the field of freedom of broadcasting.
The Human Body
International and especially European Union law includes largely from the commercialization of the human body especially in the context of organ transplantation. This results from the EU Charter of Fundamental Rights, specifications of the World Health Organization and the Biomedicine Convention of the Council of Europe. From the German constitutional law is also a limitation of the right to physical self-harm, as it is associated with a living donation of organs important results ( such as the legal safety belts or ban the use of certain drugs shows ).
Proponents of a regulated organ market, a lifting of this ban and establishment of the commercial trade in organs is required. This requirement is based usually on a utilitarian argument, according to which would result a greater availability of organs from the commercialization due to financial incentives. Both organ donors and recipients would benefit from voluntary transactions on the market. For society, the dialysis treatment is more expensive than a kidney transplant. Incidentally corresponds commercialization of organ transplantation of the autonomy of the "donors ". The possibility of its organs, it is convenient especially for kidneys to sell, is understood as a manifestation of the self-determination over their own body, even if this involves a self-inflicted injury. All body parts are to be understood as "property ".
However, it is also demanded by the advocates usually a "regulated organ market," said that about the allocation of organs should not be made because of the price mechanism, but also for medical and ethical criteria ( urgency or waiting time).
From opponents of commercialization is argued that an organ market would lead to displacement of the deceased donation by living donors. Also, would the commercial donation that would go mainly at the expense of the health and dignity economically underprivileged sections of the population, expected to lead to the displacement of the donation in the immediate social environment, in particular the previously carried out by family members, so to speak, in the form of a gift. This social differences would be further strengthened and extended to the area of the body. In addition, studies show from countries such as India and Iran, where markets exist for organ transplants that the lives of donors is effectively enhanced by the sale of a kidney usually. Most are the sellers, often it is women, brought on by acute economic distress and under pressure by members to the step. However, the one-time payment usually has no impact on the economic situation. Much of the donor was again in debt after several years. About four -fifths of the respondents in two studies in India and Iran would not sell her kidney once again, if they could choose again, or recommend generally that of a kidney from sale.
In the various branches of culture - for example, museums, theaters, music festivals - which are usually funded by the state, look for the responsible leader by private sponsors, which compensate for the scarce become public funds or ambitious museum and festival to enable projects. The sponsors use this to bring a relative to the base funding relatively small amount of image transfer, that is: the light that falls on the cultural event, should also be in a better light their business in public.
Even in sports, there is a commercialization, which manifests itself in many different ways and different sports and competitions. Commercialisation what sport with the exercise of the sport as a professional sport associated, ie with the practice of sport as a profession. Historically, sports can be the origin of the broad professional sport to the early 20th century to trace; Professional football was introduced in the UK in 1885. Closely related to the commercialization is the rise of sport as a social and media event by the progressive technical development (in particular the development of broadcasting ). Economic drivers of commercialization were in particular the areas of sponsorship (eg shirt sponsorship ) and the sale of broadcasting rights. In the meantime, however, the names of stadiums and clubs are sold, integrated into club sponsors logos and some clubs are already wholly owned by profit-oriented enterprises.
At the Olympic Games can be the beginning of commercialization in 1972 to determine when the then very principled current IOC President Avery Brundage retired, who had resisted commercialization. After the resignation, the IOC began to explore the potential of the television medium and the lucrative advertising market related. Under the presidency of Juan Antonio Samaranch, the IOC fit more and more to the needs of international donors, who wanted to promote its goods with the Olympic name and trademark.
In football, the commercialization is also well advanced. Professional football is a billion dollar business in Germany; the license 36 teams in the Bundesliga and the 2nd Bundesliga in 2011 achieved a record turnover of € 2.3 billion. To protect against a progressive commercialization is the controversial 50 1 rule in the German and Austrian football.
In the U.S., professional sport is almost completely commercialized, so are almost all " clubs " for-profit companies.
The commercialization of sport is also perceived at the intersection of sports and politics. By policy design and resource (such as sports promotion group of the Federal Armed Forces) reacts policy on the commercialization, eg in the context of sports policy of the European Union.