Traditional Culture Encyclopedia - Photography major - Is it illegal to take pictures of others?

Is it illegal to take pictures of others?

Strictly speaking, in photography activities, as long as there is one of the following circumstances, it can be considered as infringement of the portrait rights of others. 1. The act of using the portrait right without the consent of the portrait right holder and without hindrance. 2. Making portraits of others without authorization (including having photos of others). The act of creating and possessing portraits (photos) of others without my consent. For a photographer, it is the act of taking pictures of others. Third, maliciously insult and vilify the portraits of others. That is, the actor maliciously insults, vilifies, defiles, damages or destroys the integrity of other people's portraits. Including altering, distorting, burning, tearing up or hanging upside down other people's photos, this kind of behavior not only constitutes an infringement of the right of portrait, but also often constitutes an infringement of the right of reputation.

legal ground

Article 110 of the Civil Code of People's Republic of China (PRC), the personality right of the civil subject. Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.

Article 10 19 of the Civil Code of People's Republic of China (PRC): Negative Power of Portrait Right No organization or individual may use information technology to deface, deface 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.