Do people take my photos and infringe on my rights?

Others take pictures of the parties, which infringes the rights of the parties. Others took photos of the parties and violated the right to portrait. Except for investigation and evidence collection by the relevant authorities, anyone who takes personal photos without permission and uploads them to the public platform is an infringement of the right to portrait. Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. If the parties strongly demand deletion, the requirements of the parties shall be met; Without the consent of the parties, publishing the photos of the parties to online communities and public platforms, whether for profit or not, is an infringement of the right to portrait as long as the parties advocate it. Portrait right is the right that citizens can agree or disagree with others to use portraits. Without the consent of citizens, their portraits shall not be used. 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.

According to article 10 18 of the Civil Code of People's Republic of China (PRC), natural persons have the right to make, use, disclose or permit others to use their own portraits according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.

What about infringement of portrait rights?

Where the right to portrait is infringed, the obligee may require the infringer to bear civil liabilities such as stopping the infringement, eliminating the influence, restoring the reputation and making an apology. If the case constitutes a criminal offence, the obligee may report and accuse the case to the public security organ, the people's court or the people's procuratorate. If it is for profit, it is based on profit as the compensation standard. That is, no matter whether the circumstances are serious or not, as long as the purpose of illegal use is profit and the portrait right holder demands compensation, the infringer must bear the liability for compensation. The determination of compensation for spiritual interests of infringement of portrait rights is based on the seriousness of the circumstances. If the circumstances are minor and have not caused serious consequences, material compensation is generally not awarded.