The Study On The Chinese Commercialization Of Portrait Right

According to traditional theory to civil law,the right of portrait belongs to the personality rights,with a specific,non-transferable and cannot be inherited.With the continuous deepening and development of social commercialization,the commercialization of portrait right is becoming increasingly common.There is not only spiritual interest in the right of portrait but also a large amount of property interest which is reflected in the real life and legislation.For instance,natural own portrait can authorize others to use his or her portrait and get paid;unauthorized use of others for profit will constitute infringement of portrait right.The author thinks,as the right of personality,the portrait rights should protect the interests of obligee’s personality from distortion at first,and then determine the specific loss amount according to the property attributes.Nevertheless,cases of infringement of the right of portrait have sprung up in practice,most of the cases about encroachment upon others’ right of portrait in spiritual interests on account of the infringer lack of commercial purposes that make obligee’s rights and interests cannot be protected.The object of this paper is to thoroughly analyze the character and significance of the commercialization of portrait right by drawing on the treatment methods of this type of cases and criterion abroad,which is combined with the present situation and legal prudent of our country’s legal system.This paper studies the legal system of perfecting the right of portrait right at present,improving some problems existing in China’s current practice and providing reasonable advice to the trend of the commercialization of portrait right.In the legal adjustment of the commercial use of portrait right,we should insist on civil law adjustment.To confirm the practical possibility of commercial exploitation of portrait right according to law,to standardized the implementation process of commercial utilization.The right of portrait is the personal right of the most property interests,which is determined as commercial use of personality right and provides perfect system guarantee to the right of portrait.