Research On The Liability For Infringement Of Public Figures' Portraiture Rights By Cloning Cosmetic Surgery

The use of "cloned" plastic surgery to commit infringement is becoming a new type of infringement of portrait rights,because this new type of infringement is carried out by"cloned" plastic surgery.Therefore,there are many differences from the past portrait rights infringement.Due to the particularity of public figures,their portrait rights are more vulnerable to serious violations.This article only discusses the common subject of infringement of public figures.The full text is divided into five parts:The first part firstly analyzes the meaning and nature of "cloning" cosmetic surgery,and explains the concept and content of "portrait right of public figures".This paper focuses on the identification scope of public figures and the scope of the concept of cloning cosmetic surgery,so as to determine the premise of the object of inquiry,and better conduct further research on the identification and attribution of infringement of infringement of public figures portrait rights by cloning cosmetic surgery.The third part discusses in detail the constituent elements of this kind of infringement.This new type of infringement behavior is not only the perpetrator of the behavior,but also should include plastic and cosmetic institutions and other,such as the planners of commercial activities.This needs to be treated in specific situations.Analyze the particularity of this kind of infringement.At the same time,the infringement method not only has the profit-making use but also the non-profit use.Whatever type of use may bring material and spiritual losses to public figures at the same time;The special damage consequences caused by this particular infringement are analyzed,and the criteria for determining damage and damages are clearly defined.Finally,the causal relationship between these violations and the consequences of these damages is demonstrated.The fourth part discusses the assumption of tort liability,combining the subject of the action to know that the subject of responsibility should also have more than one.Due to the diversity of infringement subjects,it is necessary to discuss and clarify how to share the responsibility among various infringement subjects.In terms of the specific way of responsibility,the common compensation for compensation,apology,and elimination of the impact still apply,and as for stopping the infringement,Because of the basic irreversibility of the operation,it is difficult to make the offender no longer have the face after plastic surgery,but it is still applicable in subsequent infringement activities.Part V,in view of the inadequacy of the current legal provisions on the infringement of the right of portrait by means of advanced medical technology,such as the content of the right of portrait and the violation of the right of portrait.The subject of infringement is how to allocate each other's responsibilities and how to determine the result of infringement damage and how to make compensation.Some legislative proposals have been made on these issues in connection with the draft Code of Personal Rights of the Civil Code(draft)and the draft Code of Liability for Torts of the Civil Code(draft),as well as a number of relevant industry norms,with a view to improving this new type of copyright infringement system.