Probe Into The Legal Protection Of Partial Portraits

The problem of legal protection of partial portrait in China originated from the judicial practice,widely exists in hand model,leg model,hair model and other industries,hiding in the current intelligent age of deep forgery.In recent years,the interests of partial portrait have gradually become prominent,and the relevant research on its legal protection is divided: Most of the civil and commercial law scholars in China agree that the rights and interests of partial portrait should be protected as legal rights and interests However,there are many different views on the legal protection mode.Starting with the current law,this paper defines the connotation and extension of the local portrait,compares the advantages and disadvantages of the existing and possible basis of the right of claim,analyzes the content and power of the local portrait,clarifies the boundary of the rational use,and probes into the standard of identifiability;Absorbing the beneficial experience of the protection of the merchandising right of local portraits from the legislation of foreign countries,this paper summarizes the current legal protection scope of partial portrait in China is too narrow,the situation of reasonable utilization is unclear,the legislation of right conflict resolution is deficient,and the judicial defects of discernable standard is not clear and the portrait power is not concrete in the process of law application In order to expand the scope of the protection of the right of portrait in legislation,we should expand the ways of the protection of the right of portrait by means of legal hermeneutics in the short term In the judicial sphere,the judicial interpretation of the three-dimensional power of the image-distinguishing Standard and the image-right has been introduced,and comprehensive measures have been taken against local models,individual intellectual property rights,protection of big data information,and intelligent forgery technology platforms Fully protect the personal interests and property interests of local portrait rights holders.