Is it illegal to steal other people’s photos?

Whether the theft of photographic photos is illegal depends on the situation. The specific analysis is as follows:

1. According to the relevant laws of our country, using other people’s photos without their consent Yes, it is an illegal act that infringes on portrait rights, and the infringed party can request the infringer to eliminate the impact.

2. If the parties concerned agree, it does not constitute an illegal act.

To constitute liability for infringement of portrait rights, three elements must be met, as follows:

1. The primary condition for liability for infringement of portrait rights is the use of the portrait. Strictly speaking, a portrait is the exclusive property of the owner of the portrait right, and the user is not allowed to create his or her portrait without permission. Portraits used in infringement of portrait rights include all visual art works that reproduce the image of citizens and their reproductions. This kind of use does not only include commercial use, but also includes all uses such as publishing, displaying, and copying the portrait. Both commercial use and non-commercial use can be published, displayed or reproduced;

2. Use without the consent of the portrait right holder. The right of portrait is the exclusive right of citizens, and the use of the portrait by others should follow the agreement with the owner of the portrait right. Use without the consent of the portrait right holder destroys the exclusive nature of the portrait right and is illegal. At the same time, using the portrait without the consent of the portrait owner is subjectively wrong. In general, the subjective state of the perpetrator of portrait right infringement is intentional. This is because the use of portrait is a conscious behavior of the perpetrator, and usually he will not misuse the portrait of others due to inadvertent mental state. However, the possibility of negligent infringement of portrait rights does not rule out the possibility. For example, if you believe that a portrait is a fictional character and use it without authorization, it also constitutes infringement;

3. Use without hindrance but for illegal reasons. Even if someone else's likeness is used without the person's consent, the use is legal if there is an illegal reason to prevent it. The so-called illegal reasons are the act of making or using citizens' portraits reasonably for the sake of national interests and social welfare or for the benefit of citizens themselves. It should be noted that the above three elements are sufficient to constitute liability for infringement of portrait rights, and profit-making purposes are not allowed to be claimed as a necessary element for liability for infringement of portrait rights.

Legal basis: Article 1019 of the "People's Republic of China and Civil Code"

No organization or individual may defame, slander, or use information technology to Infringe upon the portrait rights of others through forgery or other means. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law. Without the consent of the portrait right holder, the right holder of the portrait work shall not use or disclose the portrait of the portrait right holder in any manner such as publishing, copying, distributing, renting, or exhibiting.