Is it illegal to combine another person's photo with another person's photo?

It is illegal and infringes on the portrait rights of others. Portrait is a work that reflects the image of a natural person, including the five senses, by photography or plastic arts. Portrait right is a kind of personality right, the right of natural person to make portraits and the right to use standard forms. Legal portrait is an integral part of the personality of a natural person, and the spiritual characteristics embodied in the portrait can transform or derive the material interests of citizens to a certain extent. The legal protection of citizens' portrait right is based on the portrait right, which reflects citizens' spiritual interests and personality interests in many ways.

Portrait owners have exclusive rights to their own portraits. Portrait owners are not only free to dispose of their own portrait rights, but also have the right to prohibit others from using their exclusive portraits without their consent. Specifically, the content of portrait right includes portrait ownership, production right and use right.

Portrait right means that citizens have the right to own their own portraits. Without the permission of a citizen, no one else may own or damage the portrait of the citizen.

Portrait right refers to the right to decide and implement portraits, that is, the right to decide whether and how to make portraits. Portraits can make their own portraits, such as self-portraits and self-paintings. You can also entrust others to make it, such as a photo studio or studio. If someone takes the initiative to take pictures or make statues for the portrait person, he must obtain the right to make portraits from the portrait person. However, this right is subject to some restrictions, mainly including (1) politicians, film and television and sports stars and other public figures. When you appear in public, don't object to others taking pictures; (2) Participants in processions, demonstrations and public speeches shall not object to others taking photos of the above activities because their activities are public; (3) People with special news value shall not object to reporters taking photos in good faith. Such as particularly lucky or unfortunate people, parties to major events or people present. , all belong to this situation. (4) A criminal suspect shall not object to judicial personnel taking photos for the purpose of judicial evidence.

The exclusive right to portrait refers to the right to use portraits to mark and commend oneself, that is, the right to decide whether to use portraits and how to use them. No one can use his portrait without his consent.

Identification standard of infringement of portrait right

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." It can be seen that the behavior that constitutes a violation of citizens' portrait rights usually has two elements: 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. You can also request the actor to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.

Other laws and judicial interpretations have also made some corresponding provisions on the infringement of portrait rights. Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law stipulates that citizen portraits should be used in advertisements, trademarks, window decorations, etc. for the purpose of making profits. Without the consent of citizens, it should be regarded as an act of infringing on citizens' portrait rights.

Infringe on portrait rights

The act of using a portrait of a citizen for profit without the consent of the citizen. Regarding the constitutive elements of infringement of portrait rights, China's theory and practice are not consistent. One view is that article 100 of the General Principles of Civil Law stipulates that there are two constitutive elements of infringement of portrait rights: one is without the consent of the person, and the other is for profit. Both are indispensable. Another view is that the right to portrait is the exclusive right of citizens, so as long as it is used without the consent of the portrait owner, whether it is for profit or not, it should be regarded as infringing on the right to portrait of others, which is not contradictory to the provisions of Article 100 of the General Principles of Civil Law. Because the use of a citizen's portrait for profit without his consent certainly constitutes an infringement of the portrait right of others, but it cannot be inferred that the infringement of the portrait right must be for profit, such as defacing and uglifying the portrait of a citizen, even if it is not for profit, it should be considered as an infringement of the portrait right of others. It is generally believed that when a citizen's portrait must be used for the benefit of the country and society, or for the benefit of the citizen himself, even without his consent, it does not constitute an infringement of the right to portrait. For example, taking photos of model workers at commendation meetings, shooting scenes or videos of sports competitions, making portraits of citizens as models for teaching and creation, using portraits of fugitives on wanted orders in order to chase fugitives, publishing portraits of ugly actors according to law in order to exercise proper public opinion supervision and expose some ugly phenomena, and publishing photos of missing persons in newspapers and magazines in order to find people whose whereabouts are unknown. Infringement of citizens' portrait rights often infringes on citizens' reputation rights or other personal rights at the same time. Infringement of citizens' portrait rights may cause mental damage to citizens and may also cause property losses. According to the General Principles of Civil Law, when a citizen's portrait right is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, apologize and claim compensation for the loss. The court has the right to confiscate the property and illegal income of the infringer in illegal activities according to law. In history, the legal protection of portrait right was first undertaken by copyright law. 1876 the german art copyright law stipulates that it is forbidden to illegally copy portraits of others. 1896, Judge Kessler of the High Court of Berlin, Germany first put forward the term portrait right. Since then, civil legislation in various countries has successively applied and established legal systems to protect portrait rights.

Do what:

According to the regulations, when citizens' rights of name, portrait, reputation and honor are infringed, they have the right to demand to stop the infringement, restore their reputation, eliminate the influence, apologize and compensate for the losses. Therefore, if the right of portrait is infringed, citizens have the right to ask the infringer to stop the infringement, eliminate the influence, apologize and compensate for the losses. If the infringer ignores it, the citizen can bring a lawsuit to the court and ask the court to force the infringer to stop the infringement, eliminate the influence, restore his reputation, apologize and compensate for the losses. Portrait owners have the right to claim compensation for mental losses for acts that infringe on portrait rights for non-profit purposes; For the act of infringing on the right of portrait for profit, the right holder of portrait has the right to demand compensation from the infringer for both mental damage and economic damage.