Image And Art Copyright Conflict And Reconciliation

In the history of the contemporary Chinese art development, art prices has been increasing rapidly, which resulted in an investment boom in the art market, and art industries slowly become into a specific industry. However, a number of related issues also appear. Associated with art works, the infringement of portrait has become a growing problem and the disputations of portrait infringement has been reported by the media, gradually attract people’s attention. In recent years, portrait infringement cases continued, mainly reflected in the conflict of portraiture right and copyright.The protection of art works is mainly regulated by copyright law in China, however, as an important personality rights as citizens-portraiture right, mainly are governed and protected by civil law. But portraits are often demonstrated through art forms, such as painting, so these art works undoubtedly include a number of portraits, at the same time there is a portraiture right. Therefore, It means both portraiture right and copyright appears in a piece of art work, which results in a certain amount of conflict. But the existing law does not give a clear answer to this question, leaving a gap among the harmonization between the portrait and art copyright in law. In this paper, we analysis the backgrounds, types and causes of portraiture right and copyright conflicts through right infringement cases, analysis the defects and problems existed in Chian’s relevant laws and regulations, and refer to the law regulation and practical experiences of other countries on these basis of legal provisions and practices to search a balance between both, so as to form a more reasonable handling.This paper has three parts. The first part of main suing painter image rights infringement cases for nude model, for example, from the content related issue and the court’s decision, this paper puts forward existing in the case of disputes and carries on the analysis, to reveal the image rights and art copyright background and reason of the conflict.The second part has summarized the relevant theories of civil law and copyright law in our country, the analysis of image and art copyright conflict types, and put forward defects and problems of China’s relevant laws and regulations, so as to suggest mediating conflict theory foreshadowing. The third part in view of existing problems, and draw lessons from foreign related legal provisions and practice experience, proposed some targeted Suggestions, so as to mediate a conflict between image and art copyright, form more reasonable processing form more reasonable processing mechanism.