Without the consent of the model, does the photographer send photos to the public platform, which infringes on the right of portrait, and does it require the consent of the model himself?

Without the consent of the model, the photographer sent the photos to the public platform, which violated the right of portrait and required the consent of the model himself.

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."

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. And you can also ask the injurer to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to the Taoist law. The right to claim damages does not require special damage to property.

Characteristics of portrait right:

1. The subject of portrait right can only be a natural person. Only natural people have the right to portrait and the right to portrait. Legal persons or other social organizations do not have the right to portrait because there is no objective "portrait" that can independently reflect their appearance.

2. Portrait right also has a kind of property interest, which is derived from the personality interest of the portrait right holder. It allows the portrait owner to transfer the portrait right to a certain extent, and allows others to make and use their own portraits, and get the due use value from them.

3. Portrait right is also a marked personality right, which is grassroots. The basic function is to identify personality by appearance and image, so as to identify every specific natural person. (And the right to name is to identify personality through written symbols).

Baidu Encyclopedia-Portrait Right