Is it illegal to take pictures of others without permission?

According to Article 100 of the General Principles of Civil Law, citizens' portraits shall not be used for profit without their consent.

Infringement of portrait rights has two premises:

First, without my permission;

The second is for profit.

The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent.

The victim can stop the infringement of portrait rights by himself, for example, demanding to hand over the film he shot and removing the portrait from public display. You can also request the actor to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.

Portrait restrictions are as follows:

(1) When politicians, movie stars, sports stars and other public figures appear in public, they are not allowed to object to others taking pictures;

(2) Participants in processions, demonstrations and public speeches shall not object to others taking photos of the above activities because their activities are public;

(3) People with special news value shall not object to reporters taking photos in good faith. Such as particularly lucky or unfortunate people, parties to major events or people present. , all belong to this situation;

(4) A criminal suspect shall not object to judicial personnel taking photos for the purpose of judicial evidence;

(5) The exclusive right to portrait refers to the right to use portraits to mark and commend oneself, that is, the right to decide whether to use portraits and how to use them. No one can use his portrait without his consent.

Extended data:

There are certain principles to determine that the right to portrait has been violated. According to China's General Principles of Civil Law, as long as these three requirements are met, civil liability that constitutes infringement of portrait rights can be identified:

First, the occurrence of damage facts; For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, mainly reflected in the fact that the possibility of the portrait owner obtaining property benefits from his portrait is reduced, including direct losses and indirect losses, including mental damage and material damage.

Second, the infringer is subjectively at fault (including intentional and negligent); That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that there is a fault.

Third, there is a causal relationship between the damage facts and the tort. This causal relationship must be an inherent, essential and inevitable connection between the photographer's behavior and the damage result.

References:

Baidu encyclopedia-portrait right