我国《著作权法》赋予了肖像作品的作者以著作权,同时《民法通则》也规定了公民的肖像权,然而两者在具体行使权利的过程中往往会发生交叉和冲突。本文试阐述了肖像权和肖像作品著作权交叉和冲突的几种主要情形,进而提出了如何适用法律的具体建议,以期解决司法实践中存在的这两种权利的冲突。 At the same time, “General Principles of Civil Law” also stipulates the image rights of citizens, however, both of them often cross and conflict during the concrete exercise of their rights. This article attempts to elaborate several main situations of copyright and portrayal of portrait rights and portraits, and then put forward specific suggestions on how to apply the law so as to resolve the conflicts between the two rights that exist in judicial practice.