How to distinguish the copyright and portrait right of photographic works

How to determine the ownership of copyright and portrait right of portrait photography works: the copyright of photography works generally belongs to photographers or other people who enjoy copyright according to law. The right to portrait is entirely enjoyed by the portrait himself. 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.

legal ground

Article 10 18 of the Civil Code of People's Republic of China (PRC).

Natural persons have the right to portrait, and have the right to make, use, make public 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.

Article 10 19

No organization or individual may use information technology to deface, deface 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.