The following acts that infringe on children's portrait rights are: ( )a A child performed well, and the kindergarten posted his photo in a publicity

The following behaviors are infringement of children's portrait rights (in order to vent his dissatisfaction, Xiaoqiang used Xiaoming's photo as a target).

Portraits are works that use photography or plastic arts to reflect the image of a natural person, including their facial features. As a personality right, the right of portrait is the right of a natural person to make and use his or her own portrait.

As a portrait right holder, he has exclusive rights to his own portrait, and he can freely dispose of his portrait rights. At the same time, he has the right to prohibit others from using his exclusive rights without his consent. portrait. Specifically, the protection of portrait rights should refer to the protection of portrait ownership, production rights and usage rights.

Portrait ownership protection means that citizens have the right to own their own portraits, and no one else is allowed to own their portraits without the permission of the citizen. The protection of the right to produce portraits refers to citizens’ existing right to decide and implement their own portraits. The protection of the right to use portrait means that citizens have the right to decide whether to use and how to use their own portrait. Without the authorization of the individual, others are not allowed to use their portrait.

At the same time, independent individuals form a society out of various needs. As social beings, while enjoying the maximum rights protection of the social body, citizens must also protect their rights and interests. Make some necessary transfers of its own rights. The same is true for the protection of portrait rights as personality rights. That is, there are some restrictions on the protection of portrait rights. Generally, we believe that there are seven exemption reasons for infringement of portrait rights:

(1) The use of other people’s portraits within a certain range for the purpose of scientific research and cultural education is a fair use and can be exempted from use. Human Responsibility.

(2) The use of other people’s portraits if it is really necessary for the needs of news and public opinion supervision is also a legitimate use and does not constitute an infringement of portrait rights.

(3) Using the portrait of a public figure for the purpose of public welfare is a legitimate use of portrait.

(4) If it is necessary for a state agency to compulsorily use another person’s portrait in order to perform official duties, this is also a legitimate use.

(5) It is really necessary to use his or her likeness for his own benefit.

(6) Hold portraits of public figures.

(7) Other uses of portraits of natural persons that are truly necessary for the benefit of social public welfare, such as the use of portraits of public figures, are also legitimate uses.