Research On Legal Protection Of Local Portrait

Local portrait is an important part of the portrait, what refers to divide by facial outside the center part of the face,the trunk, local body has the identifiability appearance the visual image which reappears on the material carrier, under the protection of the rights. However, with the development of social economy, the rapid development of photography, computer synthesis emerging technology, involving local portrait of the case occurred frequently, our country’s existing system of the right can not adapt to the demand of portrait rights protection. Therefore, this article through redefine the concept of "portrait", clear the connotation of portrait, limite the local portrait’s legal attribute. At the same time, through analysis the difference of local portrait and the commercialized power, this article draws the conclusion that the local portrait still protected by the right of portrait. Meanwhile, analysis the US,UK, Japan, German, Italian as well as Hong Kong, Macao and Taiwan’s advanced experience, put forward the corresponding legislative proposal to the local portrait’s legal protection. Namely through the expanded portrait’s extension, integrate the local portrait in the right of portrait to carry on the protection; determine "the identifiability" recognition standard; the position acknowledged that the local portrait the property rights and interests, protect the partial portrait unique property value; is the same with the ordinary main body, not have the difference to the model equality to carry on the protection; acknowledges the local portrait the power; finally, it is clear about the infringement local portrait the constitution important document as well as the civil liability and carry on the legal protection omni-directionally to the local portrait.