Traditional Culture Encyclopedia - Photography major - Won't photographers infringe on portrait rights?

Won't photographers infringe on portrait rights?

1. According to the current legal provisions and judicial practice, only by examining whether the actor has obtained the consent of the portrait owner and whether it is for profit can we judge whether the portrait right is infringed.

2. Judging from the relevant judicial precedents, at present, if the improper use of portraits is beneficial to society and the behavior has not caused serious adverse consequences, there is no need to identify infringement and naturally there is no need for compensation.

3. The draft law of People's Republic of China (PRC) has been amended and supplemented on the basis of the general principles of the civil law that "citizens' portraits shall not be used for profit without their consent". The draft stipulates: "Natural persons have the right to use or permit others to use their portraits. Without permission, others may not publicly use the portrait of a natural person, except as otherwise provided by law. " If the draft is finally passed, there will be a clear legal basis for identifying capture and public use as unprofitable infringement in the future. Moreover, in extreme cases, if the snapshot itself involves the privacy of others, the draft law of People's Republic of China (PRC) stipulates that "natural persons have the right to privacy. The scope of privacy includes private information, private activities and private space. It is forbidden to invade the privacy of others by means of voyeurism, eavesdropping, spying and disclosure. Therefore, if the draft law is passed, arrest may also be illegal.