What are the exercises of portrait copyright
1. The exercise of portrait copyright should, in principle, be subject to the right of portrait. That is, portrait works may not be exhibited, reproduced, published or sold without the consent of the portrait rights holder. Foreign legislation has clear provisions on this, which can be used as a reference. It should be noted that for portrait art works, since the vitality of the artwork lies in social recognition, and its value lies in the public’s evaluation and recognition of it, starting from this basic characteristic of the artwork, it can be considered that if the portrait right holder agrees with the artist When creating a portrait art work, it should be presumed that the artist consents to the artist's general exhibition, copying, and selling of the portrait art work, but it shall not be transferred to others for use, such as transferring it to others to make advertisements; if the portrait right holder does not agree to the artist's use of the art work, A clear prohibition agreement should be made on the above-mentioned disposal activities of goods.
2. The exercise of portrait copyright must be based on the portrait copyright An agreement between a person and the owner of the portrait right. This agreement can be made at the beginning of making the portrait or after the portrait is completed. If the portrait copyright holder agrees to the exhibition, reproduction, publication, or sale of the portrait copyright owner, the portrait copyright owner may exercise his or her copyright in the work. Such agreement should be made expressly. If there is no express agreement, it shall be deemed that the portrait copyright holder does not agree to the portrait copyright owner’s right to exhibit, reproduce, publish or sell. However, for portrait art works, the previous principle should be followed, that is, if the portrait right holder has no express prohibition agreement, it should be presumed that the copyright owner of the portrait art work can carry out general exhibitions, reproductions, sales and other activities, but cannot transfer it to others for use. .
In practice, disputes involving the copyright of portrait authors also include the following situations:
1) The portrait author uses the portrait without the consent of the portrait owner Transfer the portrait to others for use. The portrait author only enjoys the copyright for his own work, but does not have the right to control the portrait reflected in the work. Therefore, if the portrait author transfers the portrait to others for use without the consent of the portrait owner, and does not agree with the portrait owner, The user reaches an agreement, which is not binding on the portrait right holder. The portrait right holder can use the portrait right he enjoys to fight against the so-called use agreement between the portrait author and the user, and sue both parties as defendants to pursue their infringement liability.
2) After artistic processing of portraits created by others , transfer it to others for use. Generally speaking, artistic activities that re-create artworks centered on portraits as a basis for copying and creation are not considered infringement of portrait rights, but using such recreated artworks for Business activities for profit-making purposes go beyond the scope of artistic activities and infringe upon the rights of the portrait owner, and should bear corresponding civil liability. However, a judgment standard should be established here, that is, the artistic reproduction of portrait works created by others. Whether the image reflected in the processed work can identify the original appearance of the portrait owner. If the artistically processed work has the appearance characteristics of the portrait owner and can be recognized as the original appearance of the portrait owner, no matter what kind of processing it has undergone, it is an infringement of the portrait. Otherwise, it does not constitute an infringement of portrait rights.
3) An illegal use of portrait infringes both the right of portrait and the copyright of portrait works. This infringement generates two claims, namely the infringement of the right of portraitRight of claim and right of claim for copyright infringement. Both the infringed portrait right owner and the infringed copyright owner have the right to file a lawsuit in court and request the defendant to bear civil liability for infringement in accordance with the law. Procedurally, the two claims generate two different rights of action, which can be exercised separately. If there are two victims, the two claims shall be exercised by two different victims respectively. If the two victims file lawsuits in the court at the same time, the court may consolidate the hearing and make a ruling together. If the victim is the same person, how to exercise the two rights of claim should in principle be chosen by the right holder. They can be exercised together, separately, or alternatively.
You can come to the Legal Savior website to find a professional lawyer to help you Providing consulting services is the best choice. Lawyers here will take you to understand relevant legal knowledge and answer your questions for you.