Legislation Models and Realistic Choice of the Protection for the Portrait Right——On the Dispute of "Infringement upon Liu Xiang's Portrait Right"

On the legal protection for the portrait right,there are the personality law and the copyrights law,these two main kinds of legislation models.It does not be called to commit an infringement if citizens or legal persons who have copyrights use others' portrait within their professional range,but the use for profit should not be an essential condition to commit an infringement upon the portrait right.It is prohibited to sacrifice others' benefit for citizens or legal persons enjoying their own copyright.If citizens or legal persons who enjoy copyrights want to transfer their portrait works,they should obtain the consent of the person who enjoys the portrait right beforehand.Otherwise,the obligees should bear their civil liability so long as it is beyond the orbit of their duty of care on others' portrait interests for citizens or legal persons when they enjoy copyrights.