Is it illegal for a wedding photography shop to send photos of guests to a circle of friends without their consent? Can I get a refund if I don't finish shooting? What if I refuse to return it?

It is an infringement of the guest's portrait right that the wedding photography shop sends the guest's photos to the circle of friends without the guest's consent, so it can file a lawsuit in the local court to protect the rights.

According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC):

Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.

According to the Supreme People's Court's Opinions on Implementing the General Principles of the Civil Law of People's Republic of China (PRC):

139th for the purpose of making profits, without the consent of citizens, using their portraits to make advertisements, trademarks, window decorations, etc. It should be recognized as an act of infringing citizens' portrait rights.

Article 150 Where a citizen's right to name, portrait, reputation and honor is infringed upon, or a legal person's right to name, reputation and honor is infringed upon, and the citizen or legal person demands compensation for losses, the people's court may determine the liability for compensation according to the degree of fault of the infringer and the specific circumstances, consequences and influence of the infringement.

Article 151 Whoever infringes upon another person's right to name, name, portrait, reputation and honor and gains profits shall, in addition to properly compensating the victims for their losses, confiscate their illegal income.

Extended data:

Determination of the Responsibility of Wedding Photography Shop for Infringement of Portrait Rights

Without the consent of others, the wedding photography shop uses other people's wedding photos as store image cards and publicity columns for the purpose of making profits, which infringes on other people's portrait rights. As an individual industrial and commercial household, the owner of a wedding photography shop should bear tort liability such as compensation for losses and apology.

At the same time, we should determine the amount of compensation for the loss of the right to portrait, that is, the use fee of the right to portrait and the amount of compensation for mental damage, according to the means, methods, occasions, time limit, compensation ability of the infringer and the average living standard of the local people.

If the injured party requests to make an apology in a specific way, the judgment shall take into account the fact that the infringer has made an apology and the adverse impact that the specific way of making an apology will bring to the legal rights of the third party.

On June 20 12, 1 year, the defendant Tang used four wedding photos of the two plaintiffs, including three front image plates and 1 billboard, for advertising in the wedding photography shop in Sihong County, Jiangsu Province without the consent of the plaintiffs and Xia, and was later discovered by the two plaintiffs.

20 12 In mid-May, the defendant Tang cancelled the industrial and commercial registration of the wedding photography shop and transferred the shop to others for operation. At the end of May 20 12, the defendant Tang removed the image board and publicity column of the wedding photography shop. At the beginning of June, 20 12, defendant Tang and now entrusted agent Yang brought gifts to apologize to the second plaintiff.

The second plaintiff believes that the defendant Tang used the second plaintiff's wedding photos as a facade advertisement for several months without the second plaintiff's consent during the operation period, which seriously violated the second plaintiff's portrait right, caused some derogatory remarks among the second plaintiff's relatives and friends, and caused serious mental damage to the second plaintiff.

Due to the unsuccessful negotiation between the two parties on the compensation for infringement damages, the two plaintiffs filed a lawsuit with the court, demanding that the defendant Tang be ordered to pay 20,000 yuan for the use of portrait rights and 1 10,000 yuan for mental damages, and that the defendant Tang be ordered to publicly post an apology letter at the place where the wedding photos of the two plaintiffs were originally hung.

Judgement result

1. Defendant Tang compensated the plaintiff, Xia's portrait right use fee of 3,500 yuan and mental damages of 1500 yuan, totaling 5,000 yuan, which was fulfilled within 15 days after this judgment came into effect;

Second, the plaintiff Chen Mou and Xia Mou's other claims were rejected.

200 yuan (charged by half) shall be borne by the defendant Tang. After the judgment of the first instance was pronounced, both the original defendant and the defendant appealed with interest within the statutory time limit, and no appeal was filed. The judgment has taken legal effect.

The People's Court of Sihong County, Jiangsu Province holds that citizens have the right to portrait and may not use their portraits for profit without their consent. For the purpose of making profits, citizens' portraits are used in advertisements, trademarks, window decorations, etc. Without the consent of citizens, it is regarded as an act of infringing on citizens' portrait rights.

In this case, the defendant Tang used the wedding photos of the two plaintiffs as the image boards and publicity columns of the wedding photography shop for profit without the consent of the two plaintiffs, which infringed on the portrait rights of the two plaintiffs and should bear tort liabilities such as compensation for losses and apology.

The plaintiff demanded 20,000 yuan for the use of portrait rights and 10000 yuan for mental damages, which was obviously too high. Considering the means, manner, occasion, duration and local average living standard of the defendant Tang, the defendant Tang was sentenced to compensate the two plaintiffs for the use of portrait rights and mental damages 1500 yuan.

Regarding the plaintiff's claim that "the defendant Tang should publicly post a one-year apology letter in the place where the wedding photos of the two plaintiffs were originally hung", Sihong Court held that the defendant Tang Yuan's wedding photography shop had gone through the cancellation of industrial and commercial registration.

The shop was transferred to another person, who no longer runs it. Placing the letter of apology in the place where the wedding photos of two plaintiffs were originally hung for one year obviously brought some adverse effects on the legitimate rights and interests of others, and the defendant Tang apologized, so the court refused to support his claim. The court made a judgment accordingly.

References:

Court Network-Responsibility Determination of Wedding Photography Shop for Infringement of Portrait Right