Traditional Culture Encyclopedia - Hotel accommodation - Is it illegal to spread photos of others without my consent, causing dissatisfaction among the parties?

Is it illegal to spread photos of others without my consent, causing dissatisfaction among the parties?

This is illegal and violates the right to portrait. You can bring a civil lawsuit according to law.

General Principles of Civil Law of People's Republic of China (PRC)

Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.

Article 120 If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and he may demand compensation for losses. Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply.

Extended data

Cases of infringement of portrait rights

Ge You is a famous actor in our country. He once played Ji Chunsheng (the second son) in the TV series I Love My Family. His role is characterized by laziness, cheating on food and cheating on drinking. The relaxed image of the character who completely collapsed on the sofa in the play is called "Ge You Lie", which has become a hot word in 20 16 network.

Yilong Com is a well-known tourist information service website. 20 16 July 25th, E Long. Com published the graphic Weibo of "Ge You Lie" on its official Sina Weibo "E Long Travel Network". In the form of pictures with lines, subtitles are added to each picture, and the introduction of "Ge Youlie" is substituted into hotel reservations related to website business.

Ge You believes that E Long's unauthorized processing and use of his portrait pictures has obvious commercial attributes, and it is easy for many viewers and consumers to mistake it for E Long's spokesperson, or there is a certain cooperative relationship with the website, which makes him suffer many misunderstandings from the outside world. He requests E Long to make a public apology, compensate economic losses of 400,000 yuan and reasonable expenses of rights protection of 654.38+0,000 yuan.

Yilong Com believes that Ge You Lie shows a lazy state and attitude towards life of modern people under heavy pressure, and reflects the cultural phenomenon and connotation behind it.

First of all, Weibo involved in the case used the cultural connotation of "Ge You Lie" when this phenomenon became a hot topic on the Internet, with the intention of humor and exaggeration. It doesn't intend to use Ge You's portrait for publicity and profit, subjectively it doesn't intentionally infringe on his portrait right, and objectively it doesn't mislead consumers into thinking that there are business cooperation relationships such as endorsement between the two parties.

Secondly, stills and personal portraits cannot be equated, and there are obvious differences between them. When the audience sees Ge You Lie, they think of the cultural connotation behind it, not the actor himself. The effect is not portrait, which is different from the traditional commercial portrait and will not mislead network users.

Thirdly, the likes, comments and reposts of Weibo involved in the case are very few, and they were deleted on the day of receiving the notice, which will not cause great impact and economic losses to Ge You. The amount of compensation demanded by Ge You is too high and there is no reasonable factual basis.

People's Daily Online-Infringement of Portrait Rights with "Ge You Lie" Expression Pack