Traditional Culture Encyclopedia - Photography major - What is the crime of taking pictures without my consent?
What is the crime of taking pictures without my consent?
With the popularity of smart phones, the shooting function of smart phones is very powerful. Many photos are taken with smart phones, but when taking pictures of others, you usually need my permission. So is taking pictures without people's consent an infringement? Taking pictures without my consent is not necessarily illegal. Here, taking pictures of others without permission includes people's unintentional shooting, that is to say, whether citizens are really taking pictures of others or taking pictures of themselves unintentionally, these are all without the permission of others. Such casual behavior is generally not illegal.
For the intentional shooting, if the photo is not used without authorization after shooting, such as not being published in a circle of friends or spread in other places, or using or publicizing the portrait of the portrait owner through publishing, copying, distribution, renting, exhibition, etc., then it does not constitute infringement.
Portrait right is the right that citizens can agree or disagree with others to use their portraits. The law stipulates that the portrait of a citizen shall not be used without his consent. Portraits and documentary photographic works cannot be published or exhibited in principle, even if they are purely non-profit exhibitions, without the consent of the portrait owner.
Posting photos of others on the Internet without their consent; Bear civil liabilities such as stopping infringement, apologizing and restoring reputation according to law.
[Legal basis]:
People's Republic of China (PRC) Civil Code
Article 990 The right of personality is the right of life, body, health, name, name, portrait, reputation, honor and privacy enjoyed by civil subjects.
In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.
Article 991 The personality right of a civil subject is protected by law, and no organization or individual may infringe upon it.
Article 1027 Where the literary and artistic works published by the actor depict real people or specific people, contain insulting or defamatory contents, and infringe upon the reputation rights of others, the victim has the right to demand the actor to bear civil liability according to law.
The literary and artistic works published by the actor are not described by a specific person, and only those whose plots are similar to those of that specific person will not bear civil liability.
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