Protection Of Portrait Rights And Property Interests

According to our country's traditional civil law theory.Portrait right is a specific personality right in the category of personality right.Personality rights are exclusive,non-transferable and non-inheritance.However,this characteristic has been challenged in the modern commercial society in which the commercial use of portrait rights has become more and more widespread.The commercial use of portrait rights has changed the traditional way of safeguarding portrait rights and interests into the characteristics of defensive rights.In commercial use,portrait owners can take protective measures to safeguard their portrait rights and interests.With the development of the commercial use of portrait right,the property value of portrait right is gradually highlighted.Natural persons,especially famous persons,can authorize businessmen to use their own portraits as commodity promotion and brand promotion.The portrait right holders reflected by the portrait elements are influenced by public trust and respect,so as to promote consumers purchasing desire and achieve the purpose of promoting economic interests.With the increasing popularity of this method of use,there are gradually some businesses using portraits for commercial use without the permission of the portrait owner.In this case,the owner of the portrait can not control the way his portrait is used and the possible impact.It is not conducive to the right holder of the portrait to maintain his personal dignity,and affects the right holder's control over his portrait.Faced with this situation,the academic circles should pay enough attention to it,and improve the relevant legislation to protect the property interests of portrait rights.The author analyses the existing theories,and reads the classical cases abroad,summarizes the basic views of Chinese scholars on the content of property interests of portrait right,and refers to foreign legislative experience,and draws a conclusion that the protection mode of property interests of portrait right is suitable for China's national conditions.The first part of the article introduces the concept of portrait right.The author believes that it should be included in the theory of personality right to protect it,which is more suitable for the existing legal system and practical application in China.In the discussion of the infringement of the right to portrait,there is no content of the infringement of the right to portrait in the newly promulgated General Principles of Civil Law.Therefore,the content of infringement of portrait right in general principles of civil law is still valid.In the past judicial practice,the provisions of the General Principles of Civil Law have been widely used.Therefore,this article also around the provisions of the General Principles of Civil Law to be discussed.By demonstrating the personality autonomy theory,distribution efficiency theory and consumer rights theory,this paper analyses the legitimacy and rationality of the application of portrait property interests in China.The second part of the article is the comparative law research part.The purpose of this part is that the overall provisions of portrait right in China started late and contained fewer provisions.There are many unanswerable problems in practical application at this stage.The protection of the property interests of portrait rights abroad has been studied for nearly a hundred years.Through the historical development of the protection of the property interests of the portrait right in the United States and Germany,this paper analyses how China should stipulate the protection system of the property interests of the portrait right suitable for its national conditions.Our country's law is more similar to the legal structure of the continental law system countries.The existing laws also include the protection of portrait rights and the protection of personality rights.To classify the protection of property interests of portrait right into the protection of personality right is also connected with other specific ways of protection of personality right,which is more unified and convenient in practice.Therefore,the author believes that the original concept of portrait right should be expanded to include the content of property interests.Then,according to the problems found in practice about the property interests of the portrait right in the lawsuit of portrait right in our country,this paper analyses the causes of these problems,summarizes and analyses the theoretical disputes and makes a choice.Therefore,the author puts forward some suggestions on the application of law to the property interests of portrait right in China's legal system.