Legal Protection Of Portrait Right In The New Media Era

With the development of the Internet and the popularity of intelligent terminal devices,it is more convenient to spread all kinds of pictures and video in the new media era.Images with visual impact and video gradually replace the previous way of communicating with words,and words gradually become auxiliary.On the one hand,this way of expression based on pictures and video facilitates People's Daily life and work;on the other hand,it may be used bysome lawbreakers who want to seek profits to infringe others'right of portrait This has led to the new media era,more and more portraiture rights disputes and lawsuits.These disputes and lawsuits are caused by people's improper use of images containing portraits on new media platformsTherefore,in order to solve the problem of portrait right protection in the new media era,it is necessary to start with the status quo of portrait right protection in the new media era and put forward corresponding legal countermeasures according to the existing problems.Based on the theory of the image rights of personality right,this paper combined with the characteristics of the new era of online media both at home and abroad under the new media era image right legal protection,first of all,by collecting case for data analysis,the typical case analysis,and then summarize the new media on the performance of the infringement of portrait,harm,explains the necessity of research on this topic,which lead to image right legal protection question,and based on this,advances the corresponding countermeasures and thinking,also hope to standardize the behavior of the network media,Internet users,improve the legal quality,create a good network environment has a realistic significance.Besides the introduction at the body of this paper,it is divided into four parts:The first part,data and typical case analysis of portrait infringement cases in the new media era,introduces the theme of this paper and the necessity of discussing this topic,and discusses the problems existing in portrait right protection in the new media era to lay a practical foundation for the writing.The second part discusses the basic concepts of portraiture,portraiture right and new media,and then analyzes and summarizes the performance and harm of portraiture infringement in the new media era,laying a theoretical foundation for the writing.The third part mainly discusses the status quo of portrait right protection at home and abroad in the new media era,and analyzes the benefits of these protection methods.The fourth part mainly aimed at the problems existing in the legal protection under the new media era,and according to the actual situation of our country,draw lessons from other countries' protection way,the new media age image rights corresponding legal protection countermeasures,mainly including perfect generalization and enumeration coexist of fair use,determine the compensation for infringement of rights behavior standard and punitive damages,reasonable allocation of the burden of proof,strengthen the legislation of the new media and platform its regulatory responsibilities,strengthen legal awareness of Internet users.It is hoped that the legal system of portrait right protection can be constantly constructed and improved in the new media era.