Traditional Culture Encyclopedia - Photography major - What is the agreement on the use of photographic portrait rights?
What is the agreement on the use of photographic portrait rights?
Legal basis: Civil Code of People's Republic of China (PRC).
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.
Article 109 No organization or individual may use information technology to defame, damage 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.
Article 102 If the parties have disputes about the understanding of the terms of portrait use in the license contract for portrait use, they shall make an explanation in favor of the owner of the portrait.
Article 1022 If the parties have not agreed or clearly agreed on the license period for portrait use, either party may terminate the license contract for portrait use at any time, but it shall notify the other party before a reasonable period. If the parties have clearly agreed on the duration of portrait license, and the owner of the portrait has justified reasons, he may terminate the portrait license contract, but he shall notify the other party before a reasonable period. If the termination of the contract causes losses to the other party, it shall compensate for the losses, except for reasons not attributable to the portrait holder.
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