Legal Research On The Determination Of The Infringement Of The Portrait Right Of Famous Athletes In My Country

With the development of commercialization and industrialization of sports,the image right of famous athlete contains more and more interest,and the infringement of famous athlete's portrait right is becoming increasingly diverse.At present,China still adopts the government-oriented sports system,and in this mode,the infringement identification of the famous athletes' portrait right not only considers the infringement of general portrait right,but also involves a series of complicated problems,such as cognizance of famous athlete difficulty,existence of a conflict between the group portrait right and famous athlete's image right infringement,distinction between famous athlete's portrait for-profit use behavior and reasonable use.Therefore,faced with the above difficulties,this paper is based on the analysis of the existing legal provisions and judicial practice of famous athletes' portrait rights in China,makes clear the legal category of the famous athletes' portrait right in China,and the relationship between the group portrait right and the infringement identification of the individual portrait right of the famous athletes.By drawing on the advanced experience of the infringement of athletes' portrait rights in foreign countries,and combining with China's national conditions,this paper puts forward the suggestion of perfecting the infringement determination method of famous athletes' portrait right.Around the above,in addition to the introduction and conclusion,the article mainly includes the following four parts.The first part expounds the legal provisions on the portrait right of famous athletes and the status quo of the infringement identification of the famous athlete's portrait right.Whether in legal provisions or in judicial practice,it is generally accepted that"without the consent of the person" and "profit-making purpose" as the standard for the infringement of portrait right.However,in practice,the disputes about the infringement of portrait right often focus on the correct identification of the above two points.Especially in the development mode of sports national system in China,the infringement identification of the famous athlete's portrait is more prominent.The second part mainly elaborates the controversy of the infringement identification of famous athlete's portrait right.At present,based on China's government-oriented sports system and the special status of famous athletes,the main dilemma of the infringement identification of the famous athlete's portrait in China is reflected in the three aspects,namely,the difficulty of correctly identifying the right of the famous athlete's portrait,the conflict between the collective portrait right and the infringement of the famous athlete's portrait right,and the difficult distinction between the use behavior of the famous athlete's portrait and the reasonable use.The third part refers to the experience of the advanced countries in the protection system of portrait rights in the sports field,and by analyzing different legal environment,it is concluded that the legal category of athlete's portrait right should not be limited to the face image of the athlete,and clearly the portrait rights of the famous athletes belong to the individual.The sports organization can only obtain the image of the athlete by signing the contract,and many countries clearly stipulate the reasonable use of the right of portrait in the law.The last part puts forward the suggestions on the perfection of infringement identification of image rights of famous athletes in China.The legal category of the image rights of famous athletes in China is clearly defined,and the infringement of the right of portrait of famous athletes is determined by the "three elements".Finally,the method of balancing the collective interest and the infringement identification of the individual portrait rights of famous athletes is proposed.