Traditional Culture Encyclopedia - Photography major - Photographing in public.

Photographing in public.

According to Article 100 of the General Principles of Civil Law, citizens' portraits shall not be used for profit without their consent. Infringement of portrait rights has two premises, one is without my permission, and the other is for profit.

Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law stipulates that my portrait shall be used as advertisement, trademark, window decoration, etc. for profit. Without the consent of citizens, it should be regarded as an act of infringing on citizens' portrait rights.

In addition, maliciously damage, deface, and vilify citizen portraits, or use citizen portraits for personal attacks. , also belongs to the infringement of portrait rights.

Extended data

Paragraph 2 of Article 10 19 of the Civil Code stipulates that portraits and documentary photographs taken without the consent of the portrait owner shall not be published or exhibited in principle. Even if it is a purely non-profit exhibition, because the civil code has strengthened the protection of portrait rights, it has cancelled the "for-profit" as an important element of infringing portrait rights in the general principles of civil law.

Therefore, if these photographic works are shot and exhibited without the consent of the portrait owner, in principle, it is also an infringement of the portrait right of others. But at the same time, article 1020 of the Civil Code stipulates five kinds of reasonable implementation behaviors that can be implemented without the consent of the portrait owner. If it belongs to these five reasonable implementation behaviors, it does not constitute an infringement of portrait rights.