Traditional Culture Encyclopedia - Photography major - Is it illegal to make someone else's photo into an expression pack?

Is it illegal to make someone else's photo into an expression pack?

Legal analysis: Generally speaking, infringement of portrait rights includes two situations:

1, without my consent.

2, for the purpose of profit. Therefore, if it is not for profit, it is not infringement to use other people's photos as expressions.

However, any form of infringement of others' portrait rights (reputation rights and honor rights) should also bear legal responsibilities: that is, the infringed has the right to ask the infringer to stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the losses. Therefore, if someone uses another person's portrait for profit without the permission of the portrait owner, such as causing actual damage to the portrait owner, such as causing mental damage to the portrait owner, the user also constitutes tort (portrait right) responsibility. In judicial practice, there are also many cases of defacing, uglifying and distorting citizen portraits for the purpose of not making profits. To sum up, whether it is "for profit" is not the only prerequisite and important element to determine whether there is an infringement of citizens' portrait rights, but only an important plot to determine the size of tort liability.

Legal basis: Article 10 19 of the Civil Code of People's Republic of China (PRC). Portraits and documentary photographs taken without the consent of the portrait owner cannot be published or exhibited in principle.