Is it illegal to use someone else's photo as an avatar?

Without the consent of others, it is illegal to use other people's photos as headshots, and the infringed can ask the infringer to eliminate the influence. The Constitution of Liability for Infringement of Portrait Right

According to the characteristics of infringement of portrait rights, the responsibility of infringement of portrait rights must have three elements:

1, the first condition for infringement of the right and responsibility of portrait is the use of portrait.

Strictly speaking, the right to portrait is exclusive to the owner of the portrait, and others may not make his portrait without permission. However, in the legislation and practice of various countries, just making portraits without using them is generally not enough to constitute the responsibility of infringing on portrait rights.

Portraits used in violation of the right to portrait include all visual art works and their replicas that reproduce the image of citizens. This kind of use includes not only commercial use, but also all the use behaviors such as the publication, display and reproduction of portraits. Both commercial and non-commercial purposes can be published, displayed or copied.

2. Use without the consent of the portrait owner.

Portrait right is the exclusive right of citizens, and others should follow the agreement with the portrait right holder when using portraits. It is illegal to use the portrait right without the consent of the portrait right holder, which undermines the exclusiveness of the portrait right. At the same time, it is subjectively wrong to use the portrait without the consent of the portrait owner.

In general, the subjective form of the actor's infringement of portrait right is intentional, because the use of portrait is a conscious behavior of the actor, and he usually does not misuse other people's portraits because of his careless psychological state. But it does not rule out the possibility of negligence infringing on the right of portrait. For example, unauthorized use of portraits as fictional character paintings also constitutes infringement.

3, unimpeded but illegal use.

Although the portrait of others is used without my consent, it is legal to use it if there are illegal reasons. The so-called obstruction is illegal, which refers to the rational use of citizen portraits that must be made or used for national interests, social interests or citizens' own interests.

It should be noted that it is sufficient to have the above three elements for the composition of liability for infringement of portrait rights, and it is not allowed to advocate that making profits is an essential element for the composition of liability for infringement of portrait rights.

: What is the right to portrait?

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.

Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. Portrait rights include citizens' ownership of their own portraits, the exclusive right to make portraits and the exclusive right to use portraits, as well as citizens' right to prohibit others from illegally using their own portraits or to damage or defile their own portraits.

Portrait right simply means that the owner can freely use his own portrait right. If others disagree with the opinions of the portrait owner, the portrait owner has the right to prohibit others from using his exclusive portrait without authorization. Criminals, untrustworthy executors, online advertising fraudsters and counterfeiters can expose their photos and videos, which does not constitute "infringement of portrait rights".

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.

Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.