2004Guizhou Minzu Xueyuan xuebao. Shehui kexue banRequires access

An Initial Study of the Copyright of Portrait Between the Right to Portrait

Fan Fang-hon

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Abstract

While no conflict results when the copyright owner and the portrait right owner of the same portrait are the same person, a conflict erupts when they are different persons.After an analysis of the forms of conflict between the copyright of a portrait and the right to portrait as well as the relevant legal provisions, this thesis elaborates on the general rules governing the resolution of the conflict and exceptions to the rules.In addition, the paper points out that copyright and portrait right check on each other.

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What this paper is about

While no conflict results when the copyright owner and the portrait right owner of the same portrait are the same person, a conflict erupts when they are different persons.After an analysis of the forms of conflict between the copyright of a portrait and the right to portrait as well as the relevant legal provisions, this thesis elaborates on the general rules governing the resolution of the conflict and exceptions to the rules.In addition, the paper points out that copyright and portrait right check on each other.

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Available abstract

While no conflict results when the copyright owner and the portrait right owner of the same portrait are the same person, a conflict erupts when they are different persons.After an analysis of the forms of conflict between the copyright of a portrait and the right to portrait as well as the relevant legal provisions, this thesis elaborates on the general rules governing the resolution of the conflict and exceptions to the rules.In addition, the paper points out that copyright and portrait right check on each other.

Key concepts: Portrait, Law, Sociology, Art, Political science, Art history

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