Research On The Protection Of Property Interests In Portraiture Right In China

Traditional personality rights theory believes that portraits are an important personality element of natural persons.They carry the personality interests of people.They are not of property nature and possess special properties,and cannot be given or inherited.However,with the development of economy and changes of the times,especially the development of science and technology,human portraits are easily produced and recorded.Portrait endorsement advertisements can be seen everywhere in train stations,airports,supermarkets,banks,televisions,and online platforms.At the same time,as people’s awareness of autonomous rights continues to deepen,people already know that they can obtain economic benefits through portrait authorization.Therefore,the personality element of portrait already has economic value.This is the popular concept of modern society.There are more and more disputes arising from property interests in domestic portrait rights.If traditional theories are still adopted,the protection of this new type of interest appears to be insufficient.Foreign countries no longer blindly follow traditional theories in handling such disputes and adopt property laws.Or through the reconstruction of the personality rights law.In the handling of such disputes,the courts in our country often have different judgments in the same case,which is not only not conducive to the relief of the victims,but also harmful to the authority of our laws.The author takes five cases of portrait rights disputes that actually occurred inour country as the research object,summarizes the differences that the court has encountered in the process of handling the cases,and makes corresponding legal analysis of the differences,in order to explore the existence of the protection of property rights in the portrait rights in China.Problems,and then put forward relevant suggestions for improvement.This article consists of four parts:The first part is an introduction.It mainly introduces the research background and significance of this article,the current status of domestic and foreign research on the protection of property interests in portrait rights,the research ideas,research methods,innovations and deficiencies of this article.The second part is the introduction of the case and the summary of the dispute focus.Through the introduction of five selected cases of portrait rights disputes,the author analyzes the differences in the trial of cases in Chinese courts,and then summarizes two controversies: one is how to define the legal attributes of property interests in portrait rights;the other is portrait rights The standard of compensation for damage to property interests in China is not uniform.The third part is legal analysis.This part of the content mainly introduces the concept of property interests in portrait rights and related theoretical foundations.The author defines the property interests in portrait rights as: the economic benefits carried by the portrait of a natural person and the natural person can enjoy through its commercial use.In the introduction of related theories,it mainly introduces the public right protection model in the United States,the monistic model in Germany,and related theories formed abroad in order to demonstrate the legitimacy of its protection.For the legal analysis of the legal attributes of property interests in portrait rights,the author mainly introduces the mainstream views and evaluations of scholars at home and abroad,and at the same time makes corresponding analysis based on the current domestic legislation and evaluations on the protection of property interests in portrait rights.For the legal analysis part of the compensation standard for property interests in portrait rights,the author mainly analyzes the legislative status and recognition of the compensation standards for property interests in portrait rights.The fourth part is the conclusion and suggestion of case analysis.Through the legal analysis of the previous article,the author draws the corresponding conclusions:First,the property interest in the portrait right exists objectively;Second,the German monistic model should be adopted for the protection of the property interest in the portrait right in my country.3.The standard of compensation for damages to property interests in portrait rights should be clarified.In the suggestion section,the author reviews and analyzes the relevant provisions on the protection of property interests in the portrait right of the Civil Code,and further proposes specific suggestions for improvement: 1.It is necessary to improve the ownership of property interests in the portrait right of natural persons after death;2.The specific type of "just cause" in Article 1022 of the Civil Code should be clarified.