Does sneak shot infringe the right of portrait?

Stealing photos is not a violation of portrait rights. Details are as follows:

1, simple sneak shots, not for profit, not infringing on others' portrait rights;

2. However, if the above conditions are not met, it is an act of infringement of portrait rights. The infringed person may ask the candid camera to stop taking pictures immediately, and ask the candid camera to apologize and compensate the infringed person immediately; If the photographer turns a deaf ear to the requirements of the photographer, the public security organ shall impose administrative penalties on the photographer according to law.

Only when the following two conditions are met at the same time can it be said that it is an infringement of personal portrait rights:

1, without my consent.

2. Use photos for other purposes and profit from them.

Portrait right simply means that the owner of portrait right can dispose of his own portrait right freely and has the right to prohibit others from using his exclusive portrait without his consent.

Belong to the infringement of portrait rights:

1. The act of using the portrait of the portrait owner without the consent of the portrait owner without hindrance and illegal reasons;

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

3. Malicious insults and uglification of other people's portraits.

In photography practice, there are three situations that often constitute infringement of portrait rights:

(1) "For profit" must meet two conditions at the same time: First, use other people's portraits without their consent; Second, the behavior for profit infringes on the portrait right of others, that is, users subjectively hope to obtain economic benefits by using other people's portraits;

(2) Infringe on others' portrait rights (right of reputation and honor) in any form;

(3) although the portrait owner agrees to use his portrait works, it is used beyond the scope, area and time limit permitted by the portrait owner. This situation does not need to cause actual damage to the portrait holder, which constitutes tort liability. Of course, this situation generally belongs to the liability for breach of contract.

To sum up, simple candid photography, not for profit, does not belong to infringement of other people's portrait rights. However, if the above conditions are not met, it is an act of infringement of portrait rights. The infringed may demand that the photographer immediately stop taking pictures and ask the photographer to apologize and compensate the infringed immediately. If the photographer turns a deaf ear to the requirements of the photographer, the public security organ shall impose administrative penalties on the photographer according to law.

Legal basis:

Article 110 of the Civil Code of People's Republic of China (PRC)

Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy.

Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.

Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.

Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.