Does using someone's photo for public welfare propaganda without permission infringe on their portrait rights?

Using someone's photo for public welfare propaganda without permission infringes on his portrait right. Portrait right is the right that citizens can agree or disagree with others to use their portraits. The law stipulates that citizens' portraits may not be used for profit without their consent.

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.

Extended data

The contents of portrait right include:

(1) Citizens have the right to their own portraits and the exclusive right to make and use portraits.

(2) Citizens have the right to prohibit others from illegally using their portrait rights or to damage or defile their portrait rights.

1. Portrait making exclusive rights

As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography and transforming the image of a natural person into a portrait.

The exclusive right to make portraits includes: first, the portrait owner can decide to make his own portrait or let others make his own portrait according to his own needs or the needs of others and society, and no one can interfere; Second, the portrait owner has the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.

When we understand the "portrait right", we often think that as long as the portrait of the portrait owner is not open, it does not constitute infringement, which is a misunderstanding of the law.

Strictly speaking, it should be understood that whether the exclusive right to make portraits is infringing depends on whether the producer has obtained the permission of the portrait owner when making them. If it is produced without permission-even for the purpose of possession, it will not infringe on the direct interests of the portrait holder, so it also constitutes an infringement of the exclusive right to portrait production.

As far as the photographer is concerned, as long as you aim the camera at a natural person to take a portrait, if the portrait owner disagrees, it is infringement.

2. The exclusive right to use the portrait right

Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic content is:

First, natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law and public order and good customs). Second, natural persons have the right to allow others to use their portraits and decide to get paid for them (this requires equal consultation with the users and signing a portrait use contract). Third, natural persons have the right to prohibit others from illegally using their portraits.

3. The right to protect the interests of portraits

Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. The content is:

First, citizens have the right to prohibit others from making their own portraits without their permission;

Second, citizens have the right to prohibit others from using their portraits without permission;

Third, citizens have the right to forbid others to damage, defile, vilify or distort their portraits. The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits.

References:

Baidu encyclopedia-portrait right