Why do good students in all schools in dengzhou city have a column of honor and add photos to their names, which infringes on students' portrait rights?

Article 100 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that citizens have the right to portrait, and their portraits shall not be used for profit without their consent.

As long as he is not profitable, it is not counted. The newspaper office is legally recognized.

Look at the specific content of interest.

Article 120 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that if a citizen's right to name, portrait, reputation and honor is infringed, he shall stop the infringement, restore his reputation, eliminate the influence, make an apology and demand compensation for the losses.

Portrait from the same angle and understanding of artistic significance (or photography) Portrait refers to an ornamental modeling work that reproduces the material carrier of portrait right through artistic means such as painting and photography.

Portrait with legal significance contains the legal characteristics of portrait right based on its portrait enjoyment interests;

1. Portrait art reappears in the external image.

Judging whether the external image of an object represents a portrait through me depends on its expression form and position.

First of all, the image of the object must have portrait characteristics, and its manifestation is to reflect the image of a specific citizen through photography; Portrait must reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. The portrait must be true, familiar and know whose portrait it is.

It must stipulate the fact that the portrait of a citizen, as a specific image as a foil, should occupy the main position of the whole image; Use (refer to) the same eye portrait to achieve the goal.

2. Portraits have physical properties.

The reproduction of portrait art should specifically and independently fix a specific material carrier (photographic paper, TV screen, newspapers and magazines, etc.). This comes from the fact that the right of portrait is independent of the right of portrait, which can dominate and control the objective visual image and has fixed property interests.

3. The object of portrait right is the expression of special interests.

The so-called property interests do not come from the appearance itself, but are based on the interests of portrait property and reflect the needs of the same property. The right to portrait is given to protect the interests of real property.

The so-called portrait right belongs to the meaning of the law of self-rights: the plastic art of self-communication or its formal objective material carrier reproduces the infringement on the exclusive right of self-image (portrait)

Citizen selfies reflect personal interests. China's laws stipulate that the protection of portrait rights includes personal interests, spiritual interests and property interests based on portraits.

Features:

1. The subject of portrait right can own the portrait and its portrait right, or its social organization can independently reflect its appearance because of its objectivity. Corporate image refers to the comprehensive situation and social evaluation of portrait management, scale, management, benefit, credit and product quality.

2. Portrait right has three kinds of property interests. Property interests are distributed through portrait rights. Portrait rights are allowed to be transferred within a certain range. Portrait right is allowed to make and use selfies and get due value.

3. Portrait right, species identification and personality right, which are basic, basically act on the appearance and image identification grid to identify each specific self (name right, character symbol identification grid).

The content of portrait right:

1, exclusive right of portrait production

Photography is the whole process of transforming self-image from external image to portrait by fixing film, photographic paper or its material carrier.

The contents of the exclusive right of portrait right include: the right of portrait decides to make its own portrait or interfere with it according to its own needs or social needs; 2. Portrait right prohibits taking selfies without my consent or authorization, which constitutes infringement.

Understanding the right to make portraits I have some misunderstandings about the infringement of the right to make portraits in a strict sense: whether it infringes on the exclusive right to make portraits depends on whether it is taken without permission-even if the private eye infringes on the direct interests of the right to make portraits and infringes on the exclusive right to make portraits, it is said that taking portraits with a camera is infringement.

2. Portrait exclusive rights

Portrait is fixed on the material carrier (production) to make it independent of the world. Although the use value of portrait is of universal significance, it enjoys the exclusive right to use portrait. Its basic contents are as follows:

I have the right to use the self-portrait in any way and satisfy the interference of property income with my spirit (violating the law, public order and good customs). 2. Self-rights allow the use of selfies and decide to get paid (it is necessary to sign a portrait use contract with the user on an equal footing). 3. Self-right not to use selfies is prohibited.

3. The right to protect the interests of portraits

The interests of portrait rights and citizens' exclusive interests interfere with the infringing content: civil rights prohibit taking selfies without their permission; Civil rights prohibit unauthorized use of selfies; Civil rights prohibit self-portraits from being destroyed, defiled, vilified and distorted.

General principles: citizens' right to reproduce their self-image-the right to agree or agree with the objective material media space to reproduce their self-image; Civil rights include the right to use selfies, the right to allow selfies, and the right to prohibit selfies.

Civil Liability for Infringement of Portrait Rights

According to the general principles of our country, the principle of identifying infringement of portrait rights should meet three conditions, namely, identifying civil liability for infringement of portrait rights: damaging facts.

Civil Liability for Infringement of Portrait Rights

According to the general practice in our country, the principle of identifying infringement of portrait rights should meet three conditions, namely, identifying civil liability for infringement of portrait rights: the fact that the photographer's portrait rights have been violated, and the victim's reputation, status and identity have been hit by mental pain, which mainly reflects the portrait rights. The reduction of property interests obtained by portrait right includes direct loss and indirect loss, including material damage and mental damage. 2. The subjective fault of infringement (including intentional loss) means that the photography method is correct and the infringement of portrait rights is prohibited, that is, the fault is identified. 3.

Strictly speaking, photography should classify these situations as violations of portrait rights.

, did not prevent the use of its portrait line without the consent of the portrait owner.

Using a portrait without the consent of the portrait owner is called using a portrait. The Law on Portrait Rights stipulates the use of basic needle portraits. Scope of use: for profit, not for profit, not for profit, or arbitrarily using citizen portraits for profit without the consent of the portrait owner. One-sided understanding: Article 100 of the General Principles of Civil Law stipulates that citizens have the right to portrait and use their portraits for profit without their consent. Article 139 of the general principles of China people > Opinions on Several Issues (for Trial Implementation) contains restrictions on infringement: using citizen portraits in advertisements, trademarks, window decorations, etc. For the purpose of making profits without the consent of citizens. Article 120 stipulates that citizens' rights of name, portrait and reputation are damaged, and they are required to stop the infringement, restore their reputation, eliminate the influence, apologize and compensate for the losses.

Without People's Republic of China (PRC)'s consent, using portraits for non-profit purposes is a nuisance to official duties, but it is against the cause to report news, arrest criminal suspects and issue wanted notices by public security organs.

Portrait rights and name rights have exclusive rights and can be owned by the public at the place of use. Without the consent of this firm, they can enjoy the infringement of portrait rights. Using citizen portraits for profit is to respect the exclusive rights of citizens. For what purpose, copying, spreading and exhibiting citizen portraits, or infringing on portrait rights.

2. Making portraits (including photos) without authorization, creating portraits (photos) without my consent, and taking photos for photography.

Portrait citizens show that they have the right to decide whether to reproduce. As for making (shooting) portrait works, publishing them for private purposes will affect the infringement of portrait rights. It is said that although the public uses isomorphic infringing photo studios to print photos of customers privately for preservation.

3. Malicious insulting or defacing a portrait means maliciously insulting, defacing, defileing or damaging the portrait or damaging the integrity of the portrait, including altering, distorting, burning, tearing up or hanging upside down the photo line. Infringement of the right to portrait only often constitutes infringement of the right to reputation.

Summarize three situations in which photography infringes on portrait rights:

In recent years, reports of so-called infringement of portrait rights seem to be getting worse. I think the original works can be summarized into three types: photography knows the law; Second, photography aims at making profits and deliberately infringes on family portrait rights; Third, the photographer's understanding of the legal significance of the right to portrait depends on seeing the portrait in the newspaper and suing for compensation.

1, two conditions must be met for profit-making purposes: using portraits without our consent; Second, the profit-making purpose infringes on the portrait right, that is, the user subjectively hopes to obtain economic benefits by using the portrait. The so-called profit, I understand, must be profitable, and the subjective intention exists objectively. Whether the profit-making purpose is realized or not is a profit-making fact.

2. Any form of infringement of the right of portrait (right of reputation and honor) must bear legal responsibility: that is, the infringer requires the infringer to stop the infringement, restore the reputation, eliminate the influence, apologize and compensate for the losses. See that the use of portraits for profit without the right to portrait causes actual damage and mental damage to the right to portrait. The responsible department aims at making profits, and the practices of uglification, uglification and distortion of citizen portraits are the same.

It is only a prerequisite to determine the important circumstances of tort liability to decide whether to infringe on citizens' portrait rights by making it clear that it is not for profit.

3. Although the portrait owner agrees to use his portrait works, it is necessary to preserve the portrait right because of the permitted scope, use area and limited types of use of the portrait right, which constitutes tort liability and belongs to the liability for breach of contract.

Civil Liability for Infringement of Portrait Rights

The main types of civil liability for my infringement of portrait right include stopping the infringement, eliminating the influence, apologizing, compensating for the loss, stopping the infringement, eliminating the influence and apologizing. Non-property liability compensation for losses. The type of property liability of our company determines the tort liability as follows: whether the compensation standard for profit is serious or not. Whether to make profits for non-use purposes, the right to portrait must bear the responsibility for claiming tort compensation. The second kind of non-profit purpose infringes on the right of portrait and determines the compensation for spiritual interests. The basic criterion for determining the seriousness of a case is to determine material compensation.

According to the practice of our company (mainly), based on some specific circumstances, the interests of the public have reasonably used the consent of portrait rights:

Generally speaking, the use of portraits is not subject to the consent of the portrait owner. In some cases, the use of portraits without the consent of portrait owners constitutes an infringement of portrait rights. The use of portraits provides a defense. Some defensive reasons provide reasonable conditions for use, but it is illegal to use portraits without the consent of the portrait owner.

Although I didn't personally formulate specific laws and regulations, I have mastered them in practice:

1. Defending family interests requires the use of social public portraits with news value in the portraits of advanced deeds of family leaders and politicians.

Public property has a fixed position and news value. Celebrities from all walks of life often report their deeds in politics, economy, society, culture and entertainment. Their portraits should be used reasonably to safeguard the interests of the family and the needs of society. Public property has a fixed position and news value. Celebrities from all walks of life often report their deeds in politics, economy, society, culture and entertainment, and their portraits should be used reasonably, including chairman, politician, diplomat, politician, inventor, writer, artist, actor, transporter and industrialist. Reporting that they used their portraits without their original consent constituted an infringement case. Li Mou, a public security teacher in Chen Mou, sued Wei Yuan Pharmaceutical Company for infringement of the second portrait right, which was presided over by CCTV. On July 5, 2000, Li Mouer of Chen Mou lost the case in Fengtai District People's Court. This case was taken by the plaintiff Wei Yuan Photography Exhibition, and the photos were diluted and reported to the advertising brochure. Chen and Li admitted that Shaanxi Company had violated their portrait rights. The investigation agency admitted that Chen and Li took a group photo as a souvenir. Wei Yuan Photography Exhibition has the nature of public welfare, and the technical treatment of photos does not affect the deformation of its main contents. Foreign Wei Yuan companies publish advertising brochures to enhance their visibility and create a good corporate image. It has a direct profit purpose, and every citizen has the right to portrait. The exercise of portrait right should be restricted. The court held that he Li's portrait right had not been violated.

2. It is often valuable for news reports to participate in various portrait classes, such as assemblies, parades, ceremonies and celebrations. Participants who gave up the right to portrait, they have declared that they have done so. Any participant who claims that his right to portrait is infringed by the use of some special occasions is a reasonable use of portrait.

3. The photography creation in the scenic spot is embellished or photographed, and it is photographed as the main body of some occasions in the photo;

4. Exercise the right of supervision by public opinion (constitutional provision: citizens' right of supervision), criticize certain civilized behaviors, condemn behaviors or moral behaviors, educate the public to observe discipline and respect social morality, and maintain social order. , announced its civilized behavior, using citizen portraits to destroy social property and pollute the environment. ;

5. Portrait right, its own interests and its social public welfare purposes all need to use its portrait to find this photo for newspapers and TV advertisements in the Ming Dynasty.

6, litigation as evidence (criminal or civil litigation stage) using citizen portraits; Public security organs use citizen portraits to hunt down fugitives or their criminal suspects when performing official duties, and use their portraits to make wanted orders.

7. State organs use citizen portraits in the implementation and application of laws (administrative processes);

8. Portraits are used in scientific research, culture and education (mainly refers to social scope). For the purpose of clinical medical treatment and educational research, portraits of citizens are used in specific occasions or professional newspapers and periodicals.

I think we should pay attention to the following aspects when using citizen portraits at present:

Understand the illustrations and photos of the article, just like news photos and photo reports.

Second, standardize the picture description text (named works, etc. )

Third, believe in verbal agreement.

Fourth, be cautious about using pictures on magazine covers.

Five, contributions (newspapers, magazines, all kinds of film competitions) should pay attention to the use of words and restrictions on works.

Six, to participate in all kinds of hiring models photography should pay attention to the content of the agreement between the organizer and the model.

Seven, the key is to get a written agreement on portrait rights.

Although the definition of citizen's portrait right is infringed by law, with the development of China's market economy, especially after China's entry into WTO, it is getting rid of the influence of interests, especially the penetration of economic factors. Generally speaking, the legal protection of portrait right in China's laws is still relatively principled. How to define whether the distribution of for-profit news media belongs to profit? The right to use portraits of public goods, especially politicians and entertainment industry; Definition of the right to use the portrait of the deceased. When I deal with photographic portraits, I am often not specific. I use some abstract nouns to deal with specific things I meet. It is not difficult to make a profit. As a famous photographer, it is particularly important to use portraits of related objects, so we should pay more attention to: caution, evidence and evidence-three important points. I mean, the use of each portrait right requires other consent-insurance (so I specially brought several contracts and agreements on the use of portrait rights and works agency for reference only)

Some problems about the right of portrait;

1. Enterprises have the right to use employee portraits.

The answer is: no.

2. Portrait rights take care of faces

Every time you look at a portrait, the law of total association records the main case characteristics, species characteristics and important resources of social goods, and its potential commercial value is especially valued by modern commercial companies (recently TCL mobile phone advertisements invited Korean movie stars)

The visual image of his body parts has obvious characteristics, which makes the grid characteristics of the subject of associative records and the legal subject have obvious characteristics, and his body part vision belongs to the protection scope of portrait right.

Whether to build a portrait is judged comprehensively from the cognitive level of the society. Seeing that one party or part of a performance is so familiar, you can judge who it represents. This side or part of it constitutes a portrait.

3. The right to collective photos and portraits.

Experts all know that portrait right is independent, and infringement of portrait right claims one's own rights according to infringement, but collective portrait right has its own characteristics. The collection of independent portraits has the characteristics of independence and same-sex integration, and all portrait photos enjoy independent rights. On the other hand, the physical collective portrait has its own characteristics (each has the right to claim rights independently)

At present, our company's practice is that the proportion of certain rights such as malicious damage, pollution or uglification of collective portraits is enough to cover all portrait rights, and its portraits are obviously infringing.

Whether the use of collective portraits infringes on the specific portrait rights of collective portraits and whether users use them for profit should be the basic basis for judging.

The legal protection of collective portrait right is lower than that of portrait right theory: the collective portrait right is restricted to ensure the reasonable use of all photographers (the current law is not perfect)

4. Does taking pictures of quarrels constitute a violation of portrait rights?

It depends on the situation that the clerk quarrels with the customer and has a bad attitude. The social benefit depends on the negative phenomenon that salespeople have a bad attitude, reason with customers and violate salespeople's professional ethics. Negative phenomena are exposed in the events of social progress and interests. Any citizen has the right to report news and take news photos. It is in the interest of the public to take photos of the scene by news reports. The use of portraits infringes on the clerk's portrait rights.

The two brothers quarreled and said

5. Whether the administrative organ or the customs unit exposes the portraits of citizens.

A bus station arrested several thieves, and the police school posted their portraits in the shopping mall to remind passengers of the reasons for intentional theft.

Random use of photos, special photos, posting in public places, and posting and related text descriptions have caused a certain number. This negative evaluation can constitute a violation of the right to portrait, and the theft can be solved through procedures, even if the crime is committed, it can be notified by the people's court according to the prescribed procedures.

According to the Administrative Punishment Law, laws and regulations can set the types and scope of administrative punishment, and their normative documents can set the principles of administrative punishment: that is, the administrative organ says that the law does not authorize government organs to do it; Citizens' speech law does not prohibit citizens.

Check all laws and regulations, find photos of citizens of public security organs, and post them in public for punishment. What the police faction did was arbitrary infringement.