Analysis Of Infringement Of Portrait Rights By Emoticons Of Public Figures

Recently,with the development of the Internet and we-media,meme has become a part of our daily chat.Some companies choose to use memos in their advertising in order to shorten the psychological distance with their customers.The source of Memes is also variety.People can make different memos by public stage photo,or using Deepfakes.In a short time,Memes becoming very popular in a huge number of people because Everyone can express their own feeling by vivid images.The meme can express their emotions in a variety of ways.The producer can not only express his/her inner thoughts by exaggerating the copy,but also exaggerate the body parts of the figure in the picture.As the audience of memes continues to expand,the production cost and transmission speed of memes have been directly changed in a qualitative way,that is,the producer can achieve a very wide range of transmission speed with a very low production cost in a short time,and sometimes cause irreversible damage to the infringed.At the same time,it is precisely because of the particularity of the network environment that the behavior of portrait right infringement of Memes also occurs from time to time,especially the violation of portrait right by the public Memes.Therefore,the paper takes the legal meaning of portrait and the characteristics of Memes as the perspective,takes the Meme's infringement of portrait right of public figures as an example,and takes relevant cases and social events as the support to make a comprehensive analysis and discussion on the legal issue of portrait right infringement of Memes of public figures,specifically from three aspects:Firstly,based on a brief introduction of memo of public character expressions including meaning,classification,and portrait.Through the analyzing,the paper point out that the memo of public character fits the three basic elements of portraits.That's the theoretical foundation and premises to analyze,demonstrate,and judge the memos of public character infringement.Secondly,combined with the legal composition of the infringement of the right to portrait,the paper analysis of the infringement of the right to portrait by Memes of public figures which was analyzed from three aspects: the elements of portrait,subject of infringement and fault.Finally,on the basis of brief introduction of the fair use,"the draft civil code" of China will introduce a rational use of image rights,as the holder of the right limit was analyzed,and reasonable use as a public figure expression package of infringing the rights of limit analysis is discussed in detail,in order to seek and achieve image rights and Memes of public figures,balance of interests between the maker and user.