How to sue the network for infringement of portrait rights?

The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. The law stipulates that citizens' portraits may not be used for profit without their consent. According to the relevant laws and regulations, the legal responsibility of network service providers can be investigated;

If the other party has constituted an infringement and can clearly identify the identity of the other party, it may bring a lawsuit to the court to stop the infringement, eliminate the influence, apologize and compensate for the losses;

Of course, you can also choose to call the police in time and seek the help of the public security organs.

"Portrait" has different understandings from different angles. Portrait (or photography) in the artistic sense refers to an ornamental modeling work that makes the image of the portrait owner reappear under the material carrier through artistic means such as painting and photography.

The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait.

I generally have the following legal characteristics:

1. Portrait is an artistic expression of the appearance of a natural person.

Usually, when we judge whether the external image of a character constitutes a portrait, we should look at it in combination with its shape and position.

First of all, characters should have portrait characteristics. First, its manifestation is to reflect the image of a specific citizen through photography; Second, the portrait must also reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. Third, the portrait must be true and controversial, and celebrities can know whose portrait it is at a glance.

Secondly, it must be the fact of a concrete portrait of a citizen. In the picture, the citizen portrait should occupy a prominent position in the whole image and be represented as a specific object, not as a foil; At the same time, the purpose is not to achieve the goal through the use of portraits.

2. Portrait has the property of things.

Portrait is an artistic representation, which should be fixed on a specific material carrier (such as photographic paper, TV screen, newspapers and magazines, etc.). ) specifically and independently. It is an objective visual image derived from and independent of the portrait owner, which can be dominated, controlled and disposed of by people and has certain property interests.

3. Portrait is the object of portrait right, which shows the unique personality interests of natural persons.

The so-called "property interests" do not come from the physical characteristics of natural persons themselves, but from the personality interests generated by portraits, which reflect different needs of personality interests. The legal protection of natural person's portrait right is actually the need to protect personality interests.

The so-called "portrait right" is a kind of personality right exclusive to natural persons. The legal significance is: the inviolable exclusive right of natural persons to copy their images (portraits) on objective material carriers through plastic arts or other forms.

The personal interests of citizens reflected in their portraits are the protection objects of portrait rights in our laws. It includes spiritual interests and property interests based on the personality interests embodied in portraits.

Two, according to the laws of our country, in some specific cases, because of the need of public interest, you can use the portrait without the consent of the portrait owner:

(1) Use portraits of public figures;

(two) using the portraits of people who participated in demonstrations, assemblies and garden activities for publicity and reporting;

(3) Using portraits of citizens for proper supervision by public opinion;

(four) the use of criminal photos because the criminal suspect is wanted or reported to be sentenced;

(five) the use of his photos for the benefit of the right to portrait;

(six) the use of citizen portraits by state organs for the implementation and application of laws;

(seven) the use of citizen portraits as evidence;

(eight) for the purpose of scientific research, culture and education, using portraits of others in a certain range.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 1 19 conditions for prosecution

Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 120 Form of prosecution

The prosecution shall submit a complaint to the people's court, and submit copies according to the number of defendants. If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

Article 36 of the Tort Liability Law of People's Republic of China (PRC) stipulates that Internet users and Internet service providers who use the Internet to infringe upon the civil rights and interests of others shall bear tort liability. If a network user uses the network service to commit infringement, the infringed party has the right to notify the network service provider to take necessary measures such as deleting, shielding and disconnecting the link. If the network service provider fails to take necessary measures in time after receiving the notice, it shall be jointly and severally liable with the network users for the enlarged part of the damage. If the network service provider knows that the network users use their network services to infringe upon the civil rights and interests of others and fails to take necessary measures, it shall bear joint liability with the network users.