Traditional Culture Encyclopedia - Photography major - Is it illegal to shoot others casually?

Is it illegal to shoot others casually?

It is illegal to shoot others casually, and it is an infringement of others' portrait rights or privacy rights. Where copyright or copyright-related rights are infringed, the infringer shall compensate according to the actual losses of the obligee.

Legal analysis

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, including citizens' ownership of their own portraits, the exclusive right to make and use portraits, and citizens' right to prohibit others from illegally using their own portraits or to damage or defile their own portraits. 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.

legal ground

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. 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.