Children's portrait right

Legal analysis: Portrait is a work that reflects the image of a natural person, including the five senses, by means of photography or plastic arts. Portrait right, as a kind of personality right, is the right of natural persons to make their own portraits and use standard forms. As a portrait owner, he enjoys exclusive rights to his own portrait, and he can freely dispose of his own portrait rights. At the same time, he has the right to prohibit others from using his own exclusive portrait without his consent. Specifically, the protection of portrait right should refer to the protection of portrait ownership, production right and use right. The protection of portrait right means that citizens have the right to own their own portraits, and others may not own their own portraits without the permission of citizens. The protection of portrait right refers to the existing decision-making right and implementation right of citizens to make their own portraits. The protection of portrait right means that citizens have the right to decide whether and how to use their own portraits. No one can use their portraits without their authorization.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait 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.

Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.

Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.