Traditional Culture Encyclopedia - Photography major - What is the law prohibiting the dissemination of other people's photos?

What is the law prohibiting the dissemination of other people's photos?

Portrait on the right.

Portrait right is the right that citizens can agree or disagree with others to use their portraits. The law stipulates that citizens' portraits may not be used for profit without their consent.

Article 100 of China's General Principles of Civil Law stipulates that "citizens have the right to portrait and may not use their portraits for profit without their consent." Visible, constitute a violation of citizens' right to portrait behavior usually has two elements:

1, without my consent;

2. For profit.

The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent. The victim can stop the infringement of portrait right by himself.

For example, it is required to hand over the filmed film and remove the portrait from public display. Or request the infringer to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.

Extended data:

A Case of Conflict between Copyright and Portrait Right in China;

There is also a conflict between the right of portrait and copyright in China's judicial practice, which is mainly reflected in the right of portrait in actors' stills.

In 2002, Lan Tianye, the actor of "Master Qin" in the drama Teahouse, found that his stills in Teahouse were used on advertising display stands and light boxes in beijing tianlun Dynasty Hotel, and the stills were licensed to the hotel by Beijing Film Studio, the copyright owner of Teahouse, so Lan Tianye sued the hotel and studio to the People's Court of Dongcheng District, Beijing.

The court held that there are dual rights of portrait right and copyright in portrait works, but the two rights are only aggregated rather than absorbed, and the exercise of copyright in portrait works cannot eliminate portrait rights. In view of the fact that the hotel used collective stills for no direct profit, and the actions of the two defendants did not infringe the right to portrait, it was finally decided that the two defendants should pay the plaintiff a portrait use fee of 6,000 yuan and other reasonable expenses for using the collective portrait of the teahouse.

20 14 Nicky Wu, a well-known actor, found that the cosmetics counter of Yuxi used the stills from the TV series "treading on thin ice" in the product packaging, brochures and other places without his authorization, thinking that Yuxi had violated his portrait rights, so he sued Shangmei Company, a cosmetics manufacturer of Yuxi, to the court.

Shangmei Company and others argued that Yuxi Cosmetics signed an agreement with Tangren Company, the copyright owner of the TV series "Step by Step Love", and the five groups of stills involved were authorized by the copyright owner. The case was finally settled through mediation.

Baidu encyclopedia-portrait right

People's Network-How to solve the conflict between copyright and portrait right?