Is it considered infringement to use celebrity photos to customize bank cards?

Article 100 of the "General Principles of the Civil Law" stipulates:

"Citizens enjoy the right of portrait, and no citizen's portrait may be used for profit without the consent of the citizen." Obviously, the right of portrait is A kind of personal rights of citizens, which can only belong to natural persons, that is, enjoyed by individual citizens.

Article 120 of the "General Principles of the People's Republic of China and the Civil Law" stipulates: If a citizen's right to name, portrait, reputation, or honor is infringed, he or she has the right to demand that the infringement be stopped and that the right to be restored be restored. reputation, eliminate the impact, apologize, and can claim compensation for losses.

1. What is "image right".

"Portrait" has different understandings from different angles. A portrait in the art sense (or photography) refers to a kind of ornamental modeling work that reproduces the image of the portrait owner in a material carrier through artistic means such as painting and photography.

Portrait in the legal sense contains the personality interests that the portrait owner enjoys based on his or her portrait. Generally, it has the following legal characteristics:

1. A portrait is an artistic reproduction of the appearance of a natural person.

Usually, when we judge whether a character’s external image constitutes a portrait, we should look at it in combination with the form of expression and the parts of the expression.

First of all, the character image must have portrait characteristics. First, the form of expression is to reflect the image of a specific citizen through photography; second, the portrait must also reflect the posture, appearance, expression and other main characteristics of the specific citizen; third, the portrait must be real and identifiable, and people who know it must know it at a glance. Whose portrait.

Secondly, it must be the fact that it is a portrait of a specific citizen. In pictures, citizen portraits should occupy a prominent subject position in the entire image and be represented as specific objects, not as foils; at the same time, the purpose is not to achieve the goal through the use of portraits (means).

2. Portraits have the attributes of objects.

When a portrait is artistically reproduced, it should be concretely and independently fixed on a specific material carrier (such as photo paper, TV screen, newspapers, magazines, etc.), which originates from the portrait right holder. It is also independent of the objective visual image of the portrait owner, can be dominated, controlled and disposed of by others, and has certain property interests.

3. Portrait is the object of portrait rights and expresses the unique personality interests of natural persons.

The so-called "property interests" are not derived from the appearance characteristics of natural persons themselves, but are derived from the personality interests based on portraits, and reflect different personality interests needs. Legal protection of the portrait rights of natural persons is actually the need to protect personal interests.

The so-called "portrait right" is a personality right exclusive to natural persons. The legal meaning is: the inviolable exclusive right that a natural person has over the reproduction of his or her own image (portrait) on an objective material carrier through plastic arts or other forms.

Citizens’ personal interests reflected in their own portraits are the objects of protection of portrait rights stipulated in our country’s laws. It includes spiritual interests and property interests based on the personality interests reflected in the portrait.

Its characteristics are:

1. The subject of portrait rights can only be natural persons. Only natural persons own portraits and their likeness rights. Legal persons or other social organizations do not enjoy portrait rights because there is no objective "portrait" that can independently reflect their appearance. (The "corporate image" of a legal person does not refer to a person's portrait, but the comprehensive status and social evaluation of the legal person's operation, scale, management, efficiency, credit and product quality.)

2. Portrait rights also Having a kind of property interest, which is derived and generated through the personality interest of the portrait right holder. It allows the portrait right holder to transfer the portrait right within a certain scope and allows others to make and use his or her portrait. and obtain due use value from it.

3. The right of portrait is also a kind of iconic personality right, which is grass-roots. The basic function is to identify personality by appearance and image, so as to identify each specific natural person. (The right to name is to identify personality through text symbols).