| The thesis summary of the judicatory protection on the portraiture right of actors in the film and TV works 《 The general rule of the civil law of the People's Republic of China 》 the 100th clause regulates:" The citizen possesses the portraiture right, having not yet oneself agrees, can not use the citizen's portrait with the purpose of making money". The citizen possesses the right to portrait is thoroughly accepted by public. But because of the particularity of the actor's performing behavior, whether he or she possess the portraiture right in the film and TV works, and if he or she possess the portraiture right, what is the protection scope and how to exercise the right, the relevant protective laws of《 The general rule of the civil law of the People's Republic of China》 has almost nothing to do with these ,and 《The copyright law of the People's Republic of China 》 has also no clear and definite provision。While the domestic and international experts and scholars say nothing about this issue, related laws in abroad have not yet clear and definite explanation or can provide something to draw lessons from. We can say it still a blank not only in domestic but also in abroad that the issue of judicatory protection on the portraiture right of the actor in the works of film and TV works. The author of this thesis tempt from the analysis of the concept of the portrait and the portraiture right and combine these with the general theories of the civil law and copyright law to set out a conclusion that the actor as one part of the public, what ever in life or in the works of film and TV possesses the portraiture right, and should get the same judicatory protection as other people.This thesis is divided into four parts totally.The first part, the concept of personality, personality right and the concept of portrait and portraiture right, the purpose and significance of the judicial protection on portraiture right.This part the author drew out such a conclusion from the analysis of the concept of personality and personality right and the concept of the portrait portraiture right that the portraiture right is an important part of the citizen's personality right, it incarnates the personality benefits of the citizen, it has the dual attributes of moral and property ,it belongs to the basic human rights of citizen, the invasion to the portraiture right is the invasion to citizen's personality rights and human rights. Since the portraiture right is one of citizen's basic human rights and personality rights, the portraiture right is pervasive, no matter men or women, old or infant, status high or low, and regardless of their occupation and race, all possess. The purpose and the importance of the judicial protection on the citizen's portraiture right are to protect the citizen's personality benefits and to respect citizen's social worth. The actor as a special community belongs to the citizen, and he or she should enjoy the same portraiture right as other people, regardless of what the form of it, as long as it matches the law characteristic of the portrait, the actor deserves the integral protection of the law.The second part, actor's right to portrait in the film and TV works.This part the author demonstrated from the performing art and performing theories that the role she or he performed condenses the actor's abundant life experiences and personalities and quality characteristics. In the role there is the actor, inside the actor, there is the role, these two mutually permeate, can't separate. Because in the film and TV works, what actor molded is the role rather than himself or herself, to the role he or she molded the actor can't lay a claim. Namely the actor in the works has no right of statues, but his or her personality still exists, that is to say as long as the actor performing the role with true face rather than with theatrical mask ,the actor should posses portraiture right to the works including the stage photo, though the stage photo is different from h... |
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