What is the right to portrait?

Portrait refers to the image of a natural person reproduced in a certain material form, and the right to portrait is the right that a natural person enjoys with the personal interests embodied in his portrait as its content. Its contents include: portrait ownership, production right and portrait use right.

(1) Portrait is a representation of the external image of a natural person, including the face. However, if it is shown on the side or other parts, it will be a portrait as long as ordinary people in society can refuse to judge its identity. (2) It is a visual image reproduced by means of modeling, and the image depicted by language, characters and words does not belong to a portrait. (3) It must be fixed on a material carrier, and it will be a portrait if ordinary people in society can refuse to judge its identity. (2) It is also a portrait through modeling.

compared with other personality rights, the object of portrait right itself has certain property interests, that is, it can generate economic benefits because of its use. In the personality interests of portrait, there are both spiritual interests and property interests, especially the property interests are obvious. Portrait right is the personality symbol of natural person, which reflects the appearance attributes of natural person, and its basic contents include three items: First, it is the exclusive right to make portraits at any time in any form, and others shall not interfere. Second, the right to use exclusive rights, the right to prohibit others from illegally using their own portraits, here also includes the right to transfer the right to use portraits; The third is the right to safeguard interests, and everyone except the obligee has the obligation not to infringe.

As for the confirmation of infringement of portrait right, according to Article 1 of the General Principles of Civil Law, "No one may use a citizen's portrait for profit without his consent", there are only two constitutive requirements. The first condition is sometimes too broad in practice, and it seems that at any time, with his consent, three items are added without "preventing illegal reasons". With regard to "blocking the illegal cause", it means that although an act that is prohibited by law in principle has been implemented, it has a cause that is not illegal as specifically stipulated by law, thus making the implemented act legal and thus blocking the illegality. Mainly includes:

① public welfare: in order to maintain social needs, such as advanced task photo exhibition, uncivilized behavior shooting and publishing criticism, wanted fugitives;

② my interests: publishing searching for you;

③ news: in news reports, the right to portrait is submerged in * * *, queues and ceremonies, and it is not allowed to claim the right to portrait. Similarly, individuals in collective photos are not allowed to claim the right to portrait;

④ To record a specific public activity, using the portrait of the participant means that participation is tantamount to promising that the portrait right will be used.

On the contrary, "for profit" is an important element, but this view is sometimes too narrow to protect the legitimate rights and interests of citizens. For example, some people illegally use other people's portraits (for example, deliberately using wide-angle lenses to put their "fangs" in their mouths with wild boar images), not for profit, but also for infringement. Therefore, the restriction of "except for insulting portraits" can be added. Summarize the practical elements of the infringement of portrait right: without my consent, for the purpose of making profits (except insulting use), without "blocking illegal reasons"

Reference: zhidao.baidu/question/5577374?. Si=1

What is the right of private portrait? How many laws

Article 1 of the General Principles of the Civil Law stipulates that "citizens shall have the right to portrait, and shall not use their portraits for profit without their consent."

the Supreme People's Court's opinions on several issues concerning the implementation of the General Principles of the People's Republic of China and the Civil Law (for Trial Implementation)

149. If someone steals or impersonates another person's name, deceives or fools others by means of letters or telegrams, and damages his property and reputation, the infringer shall bear civil liability.

15. If a citizen's right to name, portrait, reputation and honor and a legal person's right to name, reputation and honor are infringed, and the citizen or legal person demands compensation for the losses, the people's court may determine the liability for compensation according to the degree of the infringer's fault, the specific circumstances, consequences and influence of the infringement.

151. If anyone infringes on another person's right to name, name, portrait, reputation and honor and gains, the infringer shall, in addition to compensating the victim for the losses according to law, confiscate his illegal income.

139. For the purpose of making profits, using a citizen's portrait for advertising, trademark, window decoration, etc. without the citizen's consent shall be regarded as an act of infringing the citizen's portrait right.

what is the infringement of portrait right

according to the theory of civil law, the so-called infringement of portrait right refers to the unauthorized use of the portrait of the obligee for profit. The most important thing is to have a profitable purpose, if not, it does not constitute an infringement of portrait rights.

Although it doesn't constitute an infringement of portrait rights, it doesn't mean that its actions are legal and it doesn't infringe other legitimate rights and interests. For example, according to Article 42 of the Law on Public Security Administration Punishment, anyone who commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for not less than five days but not more than ten days, and may also be fined not more than 5 yuan: (6) peeping, eavesdropping or spreading others' privacy. That is to say, if it is * * * privacy, it needs to bear public security punishment.

what is the definition of infringement of portrait rights, and what behaviors belong to infringement of portrait rights

Article 1 of the General Principles of Civil Law of the People's Republic of China stipulates that citizens have the right to portrait and may not use their portraits for profit without their consent.

article 12 of the general principles of the people's Republic of China and the civil law of the people's Republic of China stipulates that: 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, an apology be made, and he may demand compensation for losses.

II. What behaviors are infringement of portrait rights

Strictly speaking, in photography activities, as long as one of the following circumstances exists, it can be regarded as infringement of others' portrait rights.

1. the act of using the portrait of the portrait owner without the consent of the portrait owner without stopping the illegal reasons.

The act of using a portrait without the consent of the owner of the portrait 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 the "improper use" of portraits. This improper use can be divided into "for profit" and "for non-profit" illegal use. We can't think that as long as it is not for profit, or with the consent of the portrait owner, we can use the portrait of a citizen at will without profit. This understanding is one-sided.

Article 1 of China's General Principles of Civil Law stipulates: "Citizens have the right to portrait, and they may not use their portraits for profit without their consent." Article 139 of the Supreme People's Court's Opinions on Implementing Several Issues (for Trial Implementation) limits this kind of infringement to: "for the purpose of making profits, using citizens' portraits to make advertisements, trademarks, decorate windows, etc. without their consent". Article 12 stipulates: "If a citizen's right to name, portrait and reputation has been harmed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, an apology be made, and he may demand compensation for the losses."

among the acts of using other people's portraits for non-profit purposes without my consent, only the acts that have the reasons to block the law are legal. Such as news reports, "wanted orders" issued by public security organs to arrest criminal suspects, and so on.

the right to portrait, like the right to name, has exclusive rights. The possession, use and disposal of one's portrait can only be owned by the citizen himself, and no one else can enjoy it without his 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 citizens to his portrait. Therefore, no matter for what purpose, the reproduction, dissemination, exhibition, etc. of citizens' portraits should be approved by citizens, otherwise it will constitute an infringement of the right to portraits.

2. Making portraits of others without authorization (including possessing photos of others).

the act of creating and occupying portraits (photos) of others without my consent. For photographers, it is the photo behavior of others.

Portrait is the external expression of citizens' "personality", and only I have the right to decide whether to reproduce my own image. Whether the portrait works are made (filmed) for public publication or possession does not affect the composition of the infringement of portrait rights. That is to say, although it is not used publicly, it also constitutes infringement, such as the photo studio printing customers' photos privately for preservation.

3. Malicious insults and defilements to other people's portraits.

that is, the wrongdoer maliciously infringes on the portrait of another person or destroys the integrity of the portrait of another person by insulting, defacing, defacing or destroying it. Including altering, distorting, burning, tearing or hanging upside down other people's photos, such behavior not only constitutes an infringement of the right of portrait, but also often constitutes an infringement of the right of reputation.

To sum up, in the practice of photography, the right to portrait is often violated in the following three situations:

(1) "for profit" must meet two conditions at the same time: one is to use the portrait of others without my consent; Second, the profit-making behavior infringes on the portrait rights of others, that is, users subjectively hope to obtain economic benefits by using other people's portraits. However, the so-called "profit-making" is not what we usually understand. As long as there is subjective intention and objective profit-making behavior, it constitutes a "profit-making" fact regardless of whether the actor realizes the profit-making purpose.

(2) Anyone who infringes on another person's portrait rights (reputation rights and honor rights) in any form shall also bear legal responsibilities: that is, the infringed person has the right to demand the infringer to stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the losses. Visible, without the permission of the portrait right holder, not for the purpose of profit, if it causes actual damage to the portrait right holder, such as mental damage to the portrait right holder, the user also constitutes tort (portrait right) responsibility. In judicial practice, there are also many cases of defacing, uglifying and distorting citizens' portraits for the purpose of not making profits.

the above can be cleared ... > >

What do you mean by the portrait right and copyright of photography?

The subject is different, and the copyright is enjoyed by the photographer, while the portrait right is enjoyed by the photographer. But at the same time, it involves privacy, and you can refuse him to shoot.

what does the right to portrait include?

Portrait is an objective representation of a citizen's personal image and a reflection of a person's appearance through photography, video recording, painting, sculpture and other artistic means. Portrait is directly related to citizens' personal dignity and social evaluation. Therefore, citizens have exclusive rights to make and use their own portraits and are protected by law.

citizens have the right to make and use their own portraits, and they can also allow others to make and use their own portraits. However, without the permission of the portrait owner, no one else may make and use his portrait without authorization, especially for profit. Otherwise, the right holder of portrait can ask the infringer to stop the infringement according to law, and has the right to ask the other party to restore his reputation, eliminate the influence, apologize or compensate for the losses.

what is the legal interpretation of the right to portrait? What is a violation of the right to portrait?

Portrait right is a kind of personality right enjoyed by natural persons, whose content is the personal interests embodied in their portraits. A work that reflects the image of a natural person including the five senses by means of photography or plastic arts. Portrait right is a kind of personality right, which is the right to make portraits and the right to use the standard form by natural persons. Article 1 of the General Principles of the People's Republic of China and the Civil Law of the People's Republic of China stipulates that citizens have the right to portrait, and they shall not use their portraits for profit without their consent.

article 12 of the general principles of the people's Republic of China and the civil law of the people's Republic of China stipulates that: 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, an apology be made, and he may demand compensation for losses.

there are certain principles for determining that the right to portrait has been violated. According to the general principles of China's civil law, as long as these three elements are met, civil liability that constitutes infringement of portrait rights can be identified: First, the occurrence of damaging facts. For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, which is mainly reflected in the reduction of the possibility of the portrait owner obtaining property benefits from his portrait, including direct and indirect losses, including mental damage and material damage. 2. The infringer is subjectively at fault (including intention and negligence). That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that there is a fault. 3. There is a causal relationship between the damage facts and the tort. This causal relationship must be the internal, essential and inevitable connection between the photographer's behavior and the damage result.

On the right of portrait

Analysis of portrait and portrait right

Article 1 of the General Principles of Civil Law states that "citizens have the right to portrait, and they shall not use their portraits for profit without their consent." However, there is the concept of portrait right in Chinese law, but the connotation and extension of portrait right are not accurately defined in the form of law, and its legal meaning has not been explained or stipulated authoritatively. What is a portrait? According to Ci Hai or experts' opinions, for example, Professor Yang Lixin of China Renmin University (doctoral tutor, one of the drafters of the personal tort part of China's civil code), portraits are "similar, like" and "like" are compared with the images made by characters. In layman's terms, it is "an image similar to a character made by comparing it with a character" [1]; It refers to the visual image that makes the appearance of citizens reappear on the material carrier through painting, photography, sculpture, video, film, television and other artistic forms.

Portrait right is the concrete personality right of citizens. What is the right to portrait? Portrait right is a citizen's personality right with the interests embodied in his own portrait as its content. Compared with other personality rights, the object of portrait right itself has certain property interest factors, that is, it can produce economic benefits because of its use. There are spiritual interests and property interests in the personality interests of portraits, especially the property interests are obvious. Generally speaking, a person is beautiful and has beautiful value, and an ugly person has ugly value, but the average person who is not ugly or handsome is rarely invited to advertise, which involves the aesthetic value of portraits.

right, Latin for "jus", refers to both right and law, and contains the meaning of fairness and justice [2]. Rights, also known as legal rights, are the permission and guarantee for the state to do or not do some behavior to the subject of legal relationship and ask others to do or not do some behavior through legal provisions [3]. Divided into political rights, economic rights, social rights, etc., civil rights are divided into property rights (divided into property rights and intellectual property rights) and personal rights according to whether there is property content or not. Personal rights refer to civil rights that are inseparable from themselves and cannot be transferred without direct property content [4]. Personal rights can be divided into identity rights (based on a specific identity, such as spouse rights, parental rights, guardianship, etc.) and personality rights according to whether the object is personal interests or identity relations. Personality right refers to the right that civil subjects need to maintain independent personality, taking personality interests as the object, and personality interests