Traditional Culture Encyclopedia - Photography major - Is it illegal for someone to take pictures of you in the subway?
Is it illegal for someone to take pictures of you in the subway?
Portrait right is the right that citizens can agree or disagree with others to use their portraits. The law stipulates that the portrait of a citizen shall not be used without his consent. Portraits and documentary photographic works cannot be published or exhibited in principle, even if they are purely non-profit exhibitions, without the consent of the portrait owner.
Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. Portrait rights include citizens' ownership of their own portraits, the exclusive right to make portraits and the exclusive right to use portraits, as well as citizens' right to prohibit others from illegally using their own portraits or to damage or defile their own portraits.
Portrait right simply means that the owner can freely use his own portrait right. If others disagree with the opinions of the portrait owner, the portrait owner has the right to prohibit others from using his exclusive portrait without authorization.
Criminals, untrustworthy, online advertising fraudsters and counterfeiters can expose their photos and videos, which does not constitute "infringement of portrait rights".
Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. A work that reflects the image of a natural person, including the five senses, through 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 right is a citizen's personal right, and no one may use or insult his portrait without his consent. The police have the right to retain the right to use the portrait. If you use the portrait of the victim without authorization, you can negotiate first. Those who refuse to revoke it may sue according to law, apply for judicial protection and safeguard their legitimate rights and interests.
Does not constitute "infringement of portrait rights"
Criminals, untrustworthy executors, online advertising fraudsters and counterfeiters can expose their photos, which does not constitute "infringement of portrait rights".
(1) When politicians, movie stars, sports stars and other public figures appear in public, they shall not object to others taking pictures;
(2) Participants in a procession, demonstration or public speech 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 my 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 providing judicial evidence;
(5) 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. Without my consent, others may not use his portrait for profit.
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