Portrait Of Fair Use System Research

Portrait is an important personality rights. As the socialist market economy, changes in people’s values, particularly the advent of the Internet age, personal portraits are more and more cases of infringement. Judicial practice, the portrait rights infringement case type varied, highlighting the problem is not the same. Portrait of fair use as a fact that the behavior of image rights protection exists in the system, not only about the individual interests of citizens, and sometimes also related to the common interests of the state and society. Portrait of our law does not provide for fair use is a major flaw of the portrait right system. Perfect portrait theory for the rational use of the definition of infringement significant portrait, the paper through legislation and practical level study demonstrates the existence portrait reasonable value of the use of the system, and how to solve different types of cases involving the practice of fair use portrait put forward their own proposals.This paper describes the "portrait fair use system", although our law does not require, but foreign law and judicial practice has long included the portrait of fair use within the legal system, many Chinese scholars have also done a lot portrait rational use of academic research. Then, the paper is divided into four sections describe the judicial practice related to the types of cases easily portrait of fair use, there is a reasonable use of the rational use of news reports portrait, rational use of collective portrait, portraits of the deceased and other conditions, by analyzing these types of cases summarizes the use of a portrait of how determined whether the conduct fair use, fair use, even if the judge in such cases when the referee, whether it should take into account the interests of the owner of the portrait, portrait of how to balance the interests of people’s right to use and portrait is the focus of this study. Finally, through the analysis above, and, mutatis mutandis, "Copyright Law" in the "fair use" system, the paper concluded that the need for rational use of portrait system established in our country, and through the establishment of principles and methods listed on the Establishment of a reasonable portrait Use the system put forward their own proposals.