How to defend the rights of commercial photography?

Generally speaking, taking pictures of the back will not infringe on the right to portrait. In photography activities, as long as one of the following circumstances exists, it can be considered as infringement of others' portrait rights.

1. The act of using the portrait right without the consent of the portrait right holder and without hindrance.

The act of using a portrait without the consent of the portrait owner is also called "improper use of another person's portrait". The legal provisions on the right of portrait in China's civil law are basically aimed at "improper use" of the right of portrait. This improper use can be divided into "for profit" and "for non-profit" illegal use. We can't think that as long as it's not for profit, or with the consent of the portrait owner, we can use the portrait of a citizen at will without making a profit. This understanding is one-sided.

Civil law (effective from 20211)

Article 10 18? Natural persons have the right to portrait, and have the right to make, use, make public or permit others to use their own portraits 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.

In the non-profit use of other people's portraits without their consent, only the behavior with the reason to stop the infringement is legal. Such as news reports, "wanted orders" issued by public security organs to arrest criminal suspects, and so on.

Portrait right, like name right, is an exclusive right. The possession, use and disposal of personal portraits can only be owned by citizens themselves, and no one else can enjoy them without their consent. The act of infringing on the right of portrait is not to use the portrait of a citizen for profit, but to disrespect the exclusive right of a citizen to his portrait. Therefore, for whatever purpose, reproduction, dissemination, exhibition, etc. Citizens' right to portrait should be recognized by citizens, otherwise it will constitute an infringement of the right to portrait.

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. Portrait is the external expression of citizen's "personality", and only I have the right to decide whether to reproduce my image. Whether portrait works are made (filmed) for public publication or possession does not affect the composition of infringement of portrait rights. In other words, although it is not used publicly, it also constitutes infringement, such as the photo studio printing the customer's photos privately for preservation.

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.

Portrait is an objective substitute for a person and represents personal behavior. Once used by criminals, it will seriously affect the future life of individuals. So now many young people should carefully protect their portraits and don't take photos with strangers easily, which is also conducive to the preservation of personal information.