Portrait Photography and the Legal Provisions of Portrait Right Infringement

Legal analysis: "Portrait" has different understandings from different angles. Portrait (or photography) in the artistic sense refers to an ornamental modeling work that makes the image of the portrait owner reappear under the material carrier through artistic means such as painting and photography. The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. According to the regulations, natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor. Citizens' personality rights are violated, and they need to bear civil responsibilities such as eliminating the influence, restoring their reputation, and apologizing.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 110 A natural person enjoys the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.

Article 990 The right of personality is the right of life, body, health, name, name, portrait, reputation, honor and privacy enjoyed by civil subjects. In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.

Article 1000 Where an actor bears civil liabilities such as eliminating influence, restoring reputation and apologizing for infringing on personality rights, it shall be commensurate with the specific way of the act and the scope of its influence. If the actor refuses to bear the civil liability stipulated in the preceding paragraph, the people's court may publish an announcement or an effective judgment document in newspapers, internet and other media, and the expenses incurred shall be borne by the actor.