Research On The Commercial Use Of Portraits

With the development of market economy,the property value of portraits has become more and more prominent.Traditional civil law theory only protects the spiritual interests of portraits,which has been difficult to provide effective comprehensive protection for the commercial use of portraits in the new era.Therefore,through comparative analysis,empirical analysis and other research methods,this paper makes an in-depth discussion on the legal issues related to the commercial use of portraits.Firstly,it briefly introduces the basic theory of the commercial use of portraits,clarifies the connotation and manifestation of the commercial use of portraits,as well as the protection mode of the commercial use of portraits at home and abroad;secondly,it explores the existing problems in the commercial use of portraits in our country through combing the current legislation and analyzing the judicial practice cases in our country;Finally,from the perspectives of personality rights system,tort liability system and unjust enrichment system,this paper puts forward some suggestions on the protection of commercial use of portraits,with a view to providing feasible ideas for dealing with such problems in our judicial practice.