| Due to the rapid improvement of Internet science and technology and the high popularity of intelligent applications,real memes as a novel expression carrier are also used frequently,and have become more common in daily communication,communication and commercial promotion.However,due to the fact that real emojis are highly dependent on the Internet,they have the characteristics of unspecified subjects,fast transmission speed,wide dissemination scope,hidden infringement,and serious damage consequences,so after the infringement of the portrait right of real person emoji occurs,the infringed party cannot quickly and effectively protect its legitimate interests.Since the portrait right of the live-action emoji package is a derivative right of the portrait right in theory,it has similar characteristics to the portrait right in terms of specific external characteristics.Although the two overlap in terms of wholeness,dependency,or transmission.However,the author will focus on the use value of real person emojis,the value of property,and the elements that constitute the infringement of emoji portrait rights.In addition,the for-profit and for-profit derivations such as the media attachment of live-action emoji portraits,commercial for-profit and the subject who consents to others to use live-action emoji will be discussed,so as to explore more efficient and comprehensive protection methods for the portrait rights of live-action emoji packs.However,before discussing the differences between the portrait rights of live-action emoji packs and traditional portrait rights,as well as the assumption of responsibility for the portrait rights of live-action emoji packs,it is necessary to first clarify the unique characteristics of live-action emoji portrait rights,such as the high dependence of the communication media.Secondly,the objects of the portrait rights of live-action memes are listed,and they are divided into three categories: based on private photos,character images in film and television and drama works,and images after artistic creation such as painting and copying.Again,the infringement of the portrait rights of live-action emoji is classified,and the circumstances of "ugliness and defacement" and the subject of rights who agree to the use of others are listed in detail,so as to explain the way to bear responsibility for infringing the portrait rights of live-life emoji packs.Through the writing method of combining theory with practice,this paper cites a large number of cases,and at the same time adopts the method of comparative law to discuss the provisions and liability of domestic and foreign real-life emoji portrait rights infringement,so as to finally find a good solution to the problems of difficult identification,attribution and punishment of real-life emoji portrait infringement. |
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