Is it illegal to take pictures of passers-by

First, does photographing passers-by infringe on the right to portrait?

In many cases, taking photos of passers-by is regarded as infringement of portrait rights under the following circumstances:

1. The act of using the portrait of the portrait owner without the consent of the portrait owner without hindrance and illegal reasons.

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.

If a citizen's right to name, portrait or reputation is damaged, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology, and may demand compensation for the losses. 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. For a photographer, it is the act of taking pictures of others.

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.

3. 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.

Second, what is the right to portrait?

Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. A work that reflects the image of a natural person, including the five senses, through photography or plastic arts.

Portrait right is a kind of personality right, the right of natural person to make portraits and the right to use standard forms. Legal portrait is an integral part of the personality of a natural person, and the spiritual characteristics embodied in the portrait can transform or derive the material interests of citizens to a certain extent.

The legal protection of citizens' portrait right is based on the portrait right, which reflects citizens' spiritual interests and personality interests in many ways. According to the Law of People's Republic of China (PRC) on Portrait Rights, the right to portrait is a basic right of citizens, and no one may use or insult his portrait without his consent.

The police have the right to retain the right to use. If you use the portrait of the victim without authorization, you can negotiate first. Those who refuse to revoke it may sue according to law, apply for judicial protection and safeguard their legitimate rights and interests.

3. What are the contents of portrait right?

1, citizens have the right to have their own portraits, and have the right to make and use portraits.

2. Citizens have the right to prohibit others from illegally using their portrait rights or damage or defile their portrait rights. To sum up, if it meets the constitutive requirements of infringement of portrait rights, shooting passers-by also constitutes infringement of portrait rights.

Legal objectivity:

Article 10 18 of the Civil Code of People's Republic of China (PRC) * * * Natural persons have the right to make, use, disclose or permit others to use their 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 of the Civil Code of People's Republic of China (PRC) * * 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.