What are the laws related to portrait rights?

1. How are the laws related to portrait rights stipulated?

civil law

Article 110 Personality rights of civil subjects Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.

Article 108 The right of portrait A natural person enjoys the right of portrait and has the right to make, use, make public or permit others to use his own portrait 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.

Article 1019 No organization or individual may defame, damage or forge the portrait right of others by means of information technology. 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.

Article 1020th The following acts may be carried out reasonably without the consent of the portrait owner:

(1) Using the public portrait of the portrait holder within the necessary scope of personal study, art appreciation, classroom teaching or scientific research;

(2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting;

(three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee;

(4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment;

(5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.

Article 102 1 Rules for Interpretation of Portrait License Contract If the parties are in dispute about the terms of the Portrait License Contract, they shall make an explanation in favor of the portrait owner.

Article 1022 If the parties have not agreed or clearly agreed on the duration of portrait license, either party may terminate the portrait license contract at any time, but it shall notify the other party before a reasonable period.

If the parties have clearly agreed on the duration of portrait license, and the owner of the portrait has justified reasons, he may terminate the portrait license contract, but he shall notify the other party before a reasonable period. If the termination of the contract causes losses to the other party, it shall compensate for the losses, except for reasons not attributable to the portrait holder.

Article 1023 The name and permission of sound protection shall be applicable by reference. Permission of name, etc. Reference should be made to the relevant provisions on the permission of portrait rights.

The protection of natural person's voice refers to the relevant provisions on the protection of portrait rights.

Second, the legal characteristics of the right to portrait

The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. Generally has the following legal characteristics:

(1) Portrait is an artistic expression of the appearance of a natural person.

Usually, when we judge whether the external image of a character constitutes a portrait, we should look at it in combination with its shape and position.

First of all, characters should have portrait characteristics. First, its manifestation is to reflect the image of a specific citizen through photography; Second, the portrait must also reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. Third, the portrait must be true and recognizable, and familiar people can know whose portrait it is at a glance.

Secondly, it must be the fact of a concrete portrait of a citizen. In the picture, the citizen portrait should occupy a prominent position in the whole image and be represented as a specific object, not as a foil; At the same time, the purpose is not to achieve the goal through the use of portraits.

(2) Portrait has the property of things.

Portrait is an artistic representation, which should be fixed on a specific material carrier (such as photographic paper, TV screen, newspapers and magazines, etc.). ) specifically and independently. It is an objective visual image derived from and independent of the portrait owner, which can be dominated, controlled and disposed of by people and has certain property interests.

(3) Portrait is the object of portrait right, which shows the unique personality interests of natural persons.

The so-called "property interests" do not come from the physical characteristics of natural persons themselves, but from the personality interests generated by portraits, which reflect different needs of personality interests. The legal protection of natural person's portrait right is actually the need to protect personality interests.

The so-called "portrait right" is a kind of personality right exclusive to natural persons. The legal significance is: the inviolable exclusive right of natural persons to copy their images (portraits) on objective material carriers through plastic arts or other forms.

The personal interests of citizens reflected in their portraits are the protection objects of portrait rights in our laws. It includes spiritual interests and property interests based on the personality interests embodied in portraits.

Third, which law violates the right to portrait?

Article10/8 of the Civil Code (202 1. 1 came into force) stipulates: "Natural persons have the right to portrait, and have the right to make, use, disclose or permit others to use their own portraits according to law. Portrait is an external image that a specific natural person can identify with the help of images, sculptures, paintings, etc. "

If the photographer submits the photo of the woman without authorization, the photographer shall bear the tort liability according to law. Newspapers and periodicals are responsible for reviewing their published manuscripts, including words and photos. If the published manuscript infringes on the personal rights of citizens (such as the right to name, portrait, reputation, honor, etc.). ), the author and the newspaper are responsible, should be identified as * * * infringement, and bear joint liability according to law.

Legal objectivity:

Article 10 19 of the Civil Code: 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.