On Protection In Civil Law For Special Portrait Right

As the important integral part of personal right, the portrait right, which originates from the citizen's portrait, refers to the interests the person owns and the right which is exclusive from others'infringement. The protection of the portrait right is not only recognized by the jurisprudential field but also causes the society's wide attention for the constant report of related judicial cases.The portrait refers to the works that reappear the outside figure of person on material carrier through art measures, e.g. painting, photograph, crafts, movie, television, etc.. The production exclusive right, the application exclusive right and the right of the rights and interests protection consist of the specific content. The blank on the protection of portrait right in practice originates from the The wideness and abstraction of the legal protection. So it is necessary to research on the protection of the four special portrait rights. There are differences between intelligent use of the public figures and common people's portraits in news reports. And the infringement of portrait right by news reports may be recognized specifically from three aspects of presentation form, reason analysis and protection means. As a special group, there are different practices on the portrait right's ownership of famous athletes, but the portrait right should be owned by the athletes themselves. The protection of their portrait rights can be realized through regulating the sign of the portrait right contract and referring on the American figure right protection etc. There are some theoretical arguments on the existing of the group portrait right, but in legislation practice it is possible to establish the group portrait right. In the movie and television works, the distinction between the actor's portrait right and the copyright of the portrait work, clarifying that the actors own the portrait right, and paying attention to the harmony of the relationships between the actor portrait right and the movie and television works'copyright, consist of the special protection of the actor's portrait right in movie and television works.