The meaning of portrait right

Legal analysis: the right of portrait is the right of citizens to agree or disagree with others to use their portraits. The law stipulates that the portrait of a citizen shall not be used without his consent. Portraits and documentary photographic works cannot be published or exhibited in principle, even if they are purely non-profit exhibitions, without the consent of the portrait owner.

Portrait right simply means that the owner can freely use his own portrait right. If others disagree with the opinions of the portrait owner, the portrait owner has the right to prohibit others from using his exclusive portrait without authorization.

Criminals, untrustworthy executors, online advertising frauds, counterfeiters, etc. Their photos and videos can be exposed, which does not constitute an infringement of portrait rights. "

In any of the following circumstances, the right to portrait is infringed:

Infringe on the right to portrait.

As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography and transforming the image of a natural person into a portrait.

The exclusive right of portrait right includes: first, the owner of portrait right can decide to make his own portrait or let others make his own portrait according to his own needs or the needs of others and society, and no one can interfere. Portrait owners have the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.

(2) Infringement of the exclusive right to portrait.

Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic content is:

First, natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law and public order and good customs). Second, natural persons have the right to allow others to use their portraits and decide to get paid for them (this requires equal consultation with the users and signing a portrait use contract). Third, natural persons have the right to prohibit others from illegally using their portraits.

(3) Infringe on the right of portrait and safeguard the right of portrait.

Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. The content is as follows:

1. Citizens have the right to prohibit others from making their own portraits without their permission. 2. Citizens have the right to prohibit others from using their portraits without permission.

3. Citizens have the right to forbid others to damage, defile, vilify or distort their portraits.

Legal basis: 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.