Traditional Culture Encyclopedia - Photography major - What is the crime of stealing other people's pictures?

What is the crime of stealing other people's pictures?

Stealing other people's pictures may constitute a crime of infringing on portrait rights or intellectual property rights.

It is an illegal act to use another person's photos without their consent, and the infringed person can ask the infringer to eliminate the influence. According to the characteristics of infringement of portrait rights, the responsibility of infringement of portrait rights must have three elements:

1. The first condition for the tort liability of portrait right is the use of portrait;

2. Use without the consent of the portrait owner;

3, unimpeded but illegal use;

Infringement of the right to portrait is not for profit, but the use of other people's portraits without permission belongs to infringement of the right to portrait.

Intellectual property refers to the intellectual achievements that are original and can be expressed in a certain form in the fields of literature, art and science, including the following contents:

1, written works;

2. Oral works;

3. Music, drama, folk art, dance and acrobatic works;

4. Artistic and architectural works;

5. Photographic works;

6. Audio-visual works;

7. Graphic works and model works such as engineering design drawings, product design drawings, maps and schematic diagrams;

8. Computer software;

9. Other intellectual achievements that meet the characteristics of the work.

legal ground

People's Republic of China (PRC) Civil Code

Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait 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.

Copyright law of the people's Republic of China

Article 11 Copyright belongs to the author, except as otherwise provided by this Law. The natural person who creates a work is the author. A work presided over by a legal person or an organization without legal personality, created on behalf of the will of the legal person or organization without legal personality, and for which the legal person or organization without legal personality is responsible, shall be regarded as the author. Article 12 The natural person, legal person or unincorporated organization of a signed work is the author and has corresponding rights in the work, unless there is evidence to the contrary. Authors and other copyright owners may register their works with registration agencies recognized by the national copyright authorities. The provisions of the preceding two paragraphs shall apply mutatis mutandis to copyright-related rights.