On The Commercial Use Of Portrait Right

The compilation of China's Civil Code is at a critical period,and the independent of personality rights is undoubtedly a major highlight in this compilation.The traditional theory of personality right considers that portraiture right possesses specificity and non-property.However,with the development of the technology and commodity economy,the commercial use of portrait right is becoming more and more common and it has caused a series of disputes and discussions.In order to regulate this phenomenon,it is necessary to start with theoretical foundation,legislation and judicial practice.The recognition of portrait is the core of portrait rights and the essence of commercial sue.Personality rights and property rights are not clear-cut,which provides a theoretical basis for the property value of portrait rights.The right of portraiture also has active utilization attribute,so it has both property and spiritual value.There are different ways to protect the property value of portrait right in Comparative Law and this paper mainly makes a comparative analysis on the US A,Japan and Germany.In our country,this phenomenon needs to be investigated from both legislative and judicial aspects.It has not yet recognized the value of property in the legislation.In the judicial practice,there are some problems such as different cognizance of property interests,insufficient compensation and the protection the deceased's portrait.Personality rights drafting has responded to this problem,combined with this draft,we can find the way to regulate the commercial use of portrait rights in China.