Research On Legal Protection Of Portrait Rights Under Network Environment

Massive amounts of Internet information have been brought about with the arrival of the Internet world and the rapid development of the Internet information technology.Traditional cultural creation and transmission methods have been fundamentally changed,which has a non-negligible impact on people's lives and work.In recent years,the number of cases related to infringement of portrait rights on the Internet has been increasing year after year.The abuse of ?expression packs? in social software such as WeChat and Weibo has complicated the resulted portrait rights dispute cases.How to better protect the citizens' portrait rights from infringement in such an Internet environment is worthy of our deep thinking and research.At present,the rules on the protection of portrait rights in our laws are relatively simple.The legal regulations on the protection of special portrait rights such as group portrait rights and defunct portrait rights are even more general and vague.There are still many places that can be learned and completed compared with other countries.From the legal definition of the portrait itself,the thesis derives the basic meaning of the portrait rights,discusses the special portrait rights such as the public portrait rights,defunct portrait rights,and group portrait rights,also carefully collates and analyzes the legal relationship of the portrait rights.By observing the three types of behaviors of portrait infringement under the Internet environment including interfering with freedom,illegal use and destruction of online portraits,the thesis summarizes the main legal issues in the protection of portrait rights under the current Internet environment,which includes five aspects: constitutive requirements,protection of group portrait rights,obstruction of illegal causes,defunct portrait rights,conflicts of copyright and portrait rights in portraiture works,and infringement costs.Take countries including Japan,Germany,Italy,the United States and Monaco as examples,three main portraiture rights protection modes under the foreign Internet environment are analyzed.Additionally,according to the actual situation in China,combined with the judicial practice experience,the protection measures of the portrait rights in civil law under the Internet environment are proposed,with the hope that some help could be provided to the construction and perfection of the law system of portrait rights protection.The Internet technology makes the spread of pictures and videos more convenient.Therefore,in contrast to the traditional communication approach based on large amounts of texts,expression methods such as pictures and videos with stronger visual impact have gradually become the mainstream.The transformation is like a double-edged sword.It could be convenient for people's daily life and work,but also could be used by criminals to seek illegal interests.In order to break the predicament that the portrait rights are vulnerable under the current Internet environment,we must proceed from the perfection of legal provisions to improve the protection of portrait rights,try to perfect the legal system of portrait rights protection,and realize the full protection of portrait rights under the Internet environment.