Traditional Culture Encyclopedia - Photography major - Is it suspected of infringing citizens' portrait rights to film the words and deeds of the parties when the police are on duty?
Is it suspected of infringing citizens' portrait rights to film the words and deeds of the parties when the police are on duty?
The Supreme People's Court's "About Implementation"
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.
First of all, make clear the identification standard of infringement of portrait right.
Article 100 of China's General Principles of Civil Law stipulates that "citizens have the right to portrait and may not use their portraits for profit without their consent."
Visible, constitute a violation of citizens' right to portrait behavior usually has two elements:
First, without my consent; The second is for the benefit. The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent. The victim can stop the infringement of portrait rights by himself, for example, demanding to hand over the film he shot and removing the portrait from public display. You can also request the actor to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.
Two, the state organs to perform official duties or hold specific activities for national interests, does not constitute an infringement of the right to portrait.
Based on the above two points, when you say that 1 10 the police are on duty, taking photos and taking videos does not infringe on citizens' portrait rights.
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