If someone * * * videos or photos without their consent, it can be regarded as infringement of others' portrait rights.

If someone illegally * * * videos or photos without their consent, it can be considered as infringement of others' portrait rights and needs to be for profit.

According to the content of private shooting, and the subsequent behavior may constitute an infringement of privacy, reputation and honor.

If it's just ordinary taking pictures without others' consent, the law doesn't prohibit it!

If someone records himself without his permission. Whether it is illegal, if it is illegal without my consent, it is already suspected of breaking the law.

1. The act of using the portrait right without the consent of the portrait right holder and without hindrance.

The act of using a portrait without the consent of the portrait owner is also called "improper use of another person's portrait". The legal provisions on the right of portrait in China's civil law are basically aimed at "improper use" of the right of portrait. This improper use can be divided into "for profit" and "for non-profit" illegal use. We can't think that as long as it's not for profit, or with the consent of the portrait owner, we can use the portrait of a citizen at will without making a profit. This understanding is one-sided. Article 100 of China's General Principles of Civil Law stipulates: "Citizens have the right to portrait, and their portraits shall not be used for profit without their consent." 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. Such as news reports, "wanted orders" issued by public security organs to arrest criminal suspects, and so on.

Portrait right, like name right, is an exclusive right. The possession, use and disposal of personal portraits can only be owned by citizens themselves, and no one else can enjoy them without their consent. The act of infringing on the right of portrait is not to use the portrait of a citizen for profit, but to disrespect the exclusive right of a citizen to his portrait. Therefore, for whatever purpose, reproduction, dissemination, exhibition, etc. Citizens' right to portrait should be recognized by citizens, otherwise it will constitute an infringement of the right to portrait.

2. Making portraits of others without authorization (including having photos of others). The act of creating and possessing portraits (photos) of others without my consent. For a photographer, it is someone else's photographing behavior.

Portrait is the external expression of citizen's "personality", and only I have the right to decide whether to reproduce my image. Whether portrait works are made (filmed) for public publication or possession does not affect the composition of infringement of portrait rights. In other words, even if it is not used publicly, it constitutes infringement, such as the photo studio printing and saving the customer photos privately.

Third, maliciously insult and vilify the portraits of others. That is, the actor maliciously insults, vilifies, defiles, damages or destroys the integrity of other people's portraits. Including altering, distorting, burning, tearing up or hanging upside down other people's photos, this kind of behavior not only constitutes an infringement of the right of portrait, but also often constitutes an infringement of the right of reputation.

Is it an infringement of portrait rights to spoof other people's photos with PS without my consent? Article 100 of the General Principles of the Civil Law stipulates that citizens have the right to portrait and may not use their portraits for profit without their permission. Article 139 of People's Opinions stipulates that citizens' portraits should be used for advertising, trademarks, window decoration, etc. Without the consent of citizens, it should be regarded as an act of violating the right to portrait. Therefore, to constitute an infringement of the right to portrait, we must ask the other party to make a profit, otherwise it does not belong to the infringement of the right to portrait. However, if the other party distorts the original facts of your photos through ps, so that the unspecified majority can see them, it will easily lead to the reduction of others' social evaluation of you, which constitutes an infringement of the right of reputation. "Later, he actually sent the spoof photos to a group of 100 people, which made me very embarrassed. Many people use q to plot against me. " That has constituted a violation of the right of reputation. You can ask him to stop this behavior immediately, ask him to eliminate these negative effects for you (such as apologizing for you in public and explaining what happened), or ask for compensation for mental damage. If the other party does not follow your request, you can bring a lawsuit to the court if you like, and the court will support the above request. However, in view of the friendly relationship between the two sides, it is best to settle it through consultation or ask the neighborhood Committee or the court for mediation.

If I leave someone else's photo in my mobile phone without my consent, is it an infringement of portrait rights? It's not enough if you just leave someone else's photos and there are no other illegal acts.

Without my consent, using other people's expressions as expression packs, does it infringe on other people's portrait rights? 1. does not constitute infringement, but it is used for commercial purposes and constitutes infringement without consent.

2. Article 100 of the General Principles of the Civil Law stipulates that "citizens have the right to portrait, and their portraits shall not be used for profit without their consent." There are usually two elements in the act of infringing citizens' portrait rights: first, without their 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.

If the newspaper publishes the photos of experts without my consent, does it infringe on the right to portrait? Infringement of portrait rights must be for profit. . . The main legal basis lies in the provisions of Article 100 of the General Principles of Civil Law and Article 139 of People's Opinions. . .

1. General Principles of Civil Law (legal level)

Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.

Article 120 If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and he may demand compensation for losses.

Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply.

2. The basic idea of the High Court is:

The Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) (1988 65438+1adopted by the Judicial Committee of the Supreme People's Court on October 26th) (hereinafter referred to as the Opinions).

Article 139 stipulates: "For the purpose of making profits, use citizen portraits in advertisements, trademarks, window decorations, etc. Without the consent of citizens, it should be regarded as an act of infringing citizens' portrait rights. "

Article 150 stipulates: "If a citizen's right to name, portrait, reputation, honor or legal person's right to name, reputation and honor is infringed, and a citizen or legal person requests compensation for losses, the people's court may determine the liability for compensation according to the degree of fault of the infringer and the specific circumstances, consequences and influences of the infringement."

Article 15 1 stipulates: "If an infringer infringes upon another person's right to name, name, portrait, reputation and honor and gains income, he shall not only compensate the victim for the loss according to law, but also confiscate the illegal income."

Is it illegal for a reporter to expose my portrait without my consent? ! ! )) It depends on where it is used and whether it is profitable.

The General Principles of the Civil Law of People's Republic of China (PRC) and Article 100 of the Civil Law of People's Republic of China (PRC) stipulate that citizens have the right to portrait and may not use their portraits for profit without their consent.

The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits.

If your behavior is used without the consent of the other party, it is infringement. According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 120 of the Civil Law of People's Republic of China (PRC), if a citizen's right of name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology and demand compensation for losses.

Does * * * infringe on other people's portrait rights? * * * is an infringement of others' portrait rights.

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." It can be seen that the behavior that constitutes a violation of citizens' portrait rights usually has two elements: first, without their 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.

Other laws and judicial interpretations have also made some corresponding provisions on the infringement of portrait rights. Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law stipulates that citizen portraits should be used in advertisements, trademarks, window decorations, etc. for the purpose of making profits. Without the consent of citizens, it should be regarded as an act of infringing on citizens' portrait rights. In addition, maliciously damage, deface, and vilify citizen portraits, or use citizen portraits for personal attacks. , also belongs to the infringement of portrait rights.