所谓肖像即是以一定的方式(如摄影、录像、绘画等)再现出来的公民的形象。一方面肖像的形成是以公民的形象为基础和依托的,它与公民的人格尊严密切相关,不尊重肖像权往往导致对公民人格的侵犯,因此各国法律都将肖像权作为一项重要的人身权加以保护;另一方面肖像离不开特定的表现手段,如摄影、录像、绘画、雕塑等,这种表现手段如果仅仅是公民形象的简单“翻版”,如一般的拍照、录像、那么在法律上它只受肖像权的法律保护。但在相当多的场合,摄影者、录像者、绘画者、雕塑者等表现公民形象时往往渗透着创作者独特的构思和创造,经过独特构思和创造的作品即构 The so-called portrait is a certain way (such as photography, video, painting, etc.) to reproduce the image of citizens. On the one hand, the formation of portraits is based on and relies on the image of citizens. It is closely related to the dignity of citizens and the lack of respect for portrait rights often leads to the violation of citizen personality. Therefore, the law of every country regards portrait rights as an important personal right On the other hand, the portraits can not be separated from the specific means of expression such as photography, video, painting, sculpture, etc. If such means of expression are simply “replicas” of the citizen's image, such as ordinary photographs and videos, It is only protected by the law of portraiture. However, on quite a lot of occasions, photographers, videographers, painters, sculptors and other citizens often infiltrate the unique ideas and creations of creators. Through unique designs and creations,