Is it illegal to spoof other people’s photos?

Pranking other people’s photos is considered an infringement of portrait rights. Spoofing other people's photos, causing other people to lower their social evaluation, has serious consequences, and will cause physical and mental harm to the infringed person. The infringed person can pursue his or her civil liability in accordance with the law. If the circumstances are serious, he or she can also claim compensation for mental damage.

Portrait rights refer to the specific personality rights enjoyed by natural persons based on the personal interests reflected in their own portraits to produce, use, disclose and permit others to use their own portraits.

1. Civil liability for infringement of portrait rights:

1. The occurrence of damage. For example, after the subject's portrait rights are infringed, the victim's reputation, status, and identity are hit, causing mental pain. This is mainly reflected in the reduction in the possibility of the portrait rights holder to obtain property benefits from his or her portrait. This includes direct and indirect losses, including mental damage and material damage;

2. The infringer is subjectively at fault (this includes intentionality and negligence). That is to say, if there are indeed behaviors prohibited by laws and regulations in photography activities, and if the portrait rights of others are illegally infringed, it can be deemed to be at fault;

3. There is a causal relationship between the fact of damage and the infringement. This causal relationship must be the intrinsic, essential, and inevitable connection between the photographer's behavior and the damage results;

2. The constituent elements of infringement of portrait rights are:

1 , the perpetrator subjectively has a profit-making purpose;

2. Carrying out the act of making, using, and disclosing other people's portraits;

3. Causing damaging consequences;

< p>4. There is a causal connection between the behavior and the damage;

Legal basis: "People's Republic of China and Civil Code"

Article 1018: Natural persons enjoy portraits The right to create, use, disclose or permit others to use one's own portrait in accordance with the law. A portrait is an identifiable external image of a specific natural person reflected on a certain carrier through images, sculptures, paintings, etc.

Article 1019: No organization or individual may infringe on the portrait rights of others by defaming, defacing, or using information technology means to forge or otherwise infringe. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law.