What photography can't do

Without the consent of the parties, the reporter can't shoot casually.

It is reasonable from the perspective of personal morality for the parties to ask reporters to delete scenes that may appear soon. But pay attention to the methods and reasons.

In terms of work, shooting only serves for your own report, so the shooting space can be large or small. When the space is large, the parties ask for deletion, and it is a big deal to remake; When there are few rooms, they are mosaics. Journalists have the responsibility to record real events, and of course they have the obligation to ensure the privacy of the people being photographed. This has nothing to do with the right to portrait.

The questioner added that the content mentioned was nothing more than that the parties did not know how to communicate, and the reporter was upset at this time. This can be solved in more ways.

1, copyright of portrait works

According to Article 2 of the current Copyright Law: "The works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law", and Article 6 of the Regulations for the Implementation of the Copyright Law: "Copyright shall be generated from the date when the works are created".

Therefore, whether asked or found, individual photographers have the copyright to their portraits.

2. The portrait right of passers-by.

According to Article 100 of the General Principles of Civil Law, "citizens have the right to portrait, and their portraits shall not be used for profit without their consent".

Therefore, passers-by have the right to paint themselves.

3. Conflict of rights of street portraits.

In the portrait works produced by street shooting, there are actually three rights. One is the photographer's copyright, the other is the portrait right of passers-by, and the third is the ownership of the owner of portrait works. From the title, the ownership of portrait works belongs to the photographer himself.

It is generally believed that the exercise of the photographer's copyright and ownership should be subordinated to the portrait rights of passers-by.

Article 100 of the General Principles of Civil Law has clearly stipulated that "portraits of citizens shall not be used for profit without their consent". Such use includes but is not limited to exhibition, publication, reproduction and sales.

Whether the photos are used for commercial purposes or not, as long as they are taken in public without the permission of the parties concerned, and the video materials such as photos and videos taken are publicly disseminated, the portrait rights of others have been infringed.

Extended data:

The following are the main types of illegal shooting by journalists:

1. Enter a private place to shoot without the owner's permission. Photographers have no right to break into private places and forcibly shoot and spread, otherwise they may face double charges of invasion of privacy and illegal invasion.

2. Concealing one's identity and entering private places to take candid photos may infringe on privacy. There is a commonly used interview method in the press-hidden interview, which is manifested as sneak shot in the field of news photography. In order to achieve the purpose of exposure, exposure or other reports, journalists often use false identities or other methods to obtain the permission of their owners. However, if the content of the sneak shot is a private life with no reporting value and has nothing to do with the public interest, it will be in trouble to spread it out.

3. Being in a public place, but photographing personal privacy in a special way is also regarded as infringement. Sometimes, although photographers are in public places, they use long lenses to shoot personal private lives in private territory, which is also an invasion of citizens' privacy.

4. In public places where photography is restricted, compulsory photography is also an infringement. Many public places have imposed restrictions on photography, and photographers must obtain permission to shoot. These places usually include: courts, prisons, hospitals, museums and so on. Hospitals should be especially vigilant because the illness belongs to personal privacy.

In the western press, taking news photos in hospitals usually requires the consent of patients or their guardians. Related to this, personal physical defects are also personal privacy, and it is not allowed to shoot and spread without permission.

Baidu encyclopedia-portrait right

Baidu Encyclopedia-General Principles of Civil Law in People's Republic of China (PRC)