Is taking pictures of passers-by a violation of others' portrait rights?

Whether taking pictures of passers-by infringes on the portrait rights of others has the following two situations:

1. In the act of using other people's portraits for non-profit purposes without my consent, only the act of shielding the illegal reasons is legal;

2. The behavior for the purpose of making profits infringes on the portrait right of others, that is, users subjectively hope to use other people's portraits to obtain economic benefits.

Infringement of citizens' portrait rights includes the following aspects:

1. Making portraits of others without authorization, including taking photos of others;

2, without my consent, unauthorized creation, possession of portraits of others. For photographers, it is someone else's photographing behavior;

Portrait is the external expression of citizen's "personality", and only I have the right to decide whether to reproduce my image. Whether the portrait works produced or photographed are publicly published or privately owned does not affect the composition of infringement of portrait rights;

4. Malicious insults and uglification of other people's portraits. 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.

Legal basis: Article 10 18 of the Civil Code of People's Republic of China (PRC).

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.

Article 10 19

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.

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 1020

Without the consent of the portrait owner, the following acts are reasonably implemented:

(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.