On The Protection Of Online Portrait Right In"Expression Package"

Science and technology of human society,especially the type of constantly move forward in big strides,the Internet information dissemination and communication,the respect such as resource sharing plays an important role,has become an indispensable part of people's life,it presents the explosive development momentum,mobile terminal hardware continuously optimizing electronic equipment,software,procedures for iterative update,all kinds of social software,BBS,tieba abound.In the social environment of the Internet,the new phenomenon of "emoticons" comes into being.Due to its rich connotations,simple editing methods and vivid images,it has gradually become a popular language in the network environment.As the name implies,"emoticons" contain portrait elements to some extent,and the abuse of "emoticons" involves portrait rights at the legal level,which further implies the infringement of "emoticons" online portrait rights and the construction of the protection system of "emoticons" online portrait rights.Academic research on the right to Internet portrait has been carried out for many years,forming the legal theory of the right to Internet portrait protection represented by professor Yang lixin's relevant theories.However,as "emoticons" are new and different from traditional Internet portrait rights,China's current general provisions of civil law,tort liability law and relevant judicial interpretations cannot meet the needs of protecting Internet portrait rights in the rapidly developing Internet society.At present,the specific provisions of the civil code are being worked out in a rush,and the independent articles on the right of personality have become the final conclusion.How to effectively protect the right of "emoticons" and similar online portrait in the legislation of the right of personality is an issue of The Times that must be answered.In view of this,this paper takes the right of Internet portrait in "emoticons" as the core,analyzes the related concept connotation and protection dilemma of the right of Internet portrait in "emoticons",and tries to put forward reasonable Suggestions for system construction.Due to the delay in legislation,the right of online portrait has not been separated from the right of portrait,and there are no separate legislative provisions to regulate it.Obviously,compared with the traditional image,image right media dependent,public communication network,commercial for-profit,violations of the multiple characteristics,expression "package" must be infringement of rights of constitutive requirements,responsibility,legal protection,the main body,content determination,infringement,compensation standards related issues shall be clear and combining with the analysis of the current network of expression "package" image rightslegislation,judicial protection,solve the expression "package" in the network of the effective methods to protect the image rights lack of br is through perfecting legislation,clear the subject and scope of protection of infringement,tort damages system build standard way.