What are the violations of portrait rights in news photography?

What are the violations of portrait rights in news photography? First, the media, without the consent of the natural person, uses its photo method to protect the portrait right of the natural person for commercial purposes, and the most important thing is to protect the spiritual interests embodied in the portrait right. Therefore, in order to avoid infringing on other people's portrait rights, the news media should try their best to get their consent. Especially the portraits of public figures, if they are used for commercial purposes without their permission, this is an infringement of their portrait rights. With the development of market economy, advertising plays an important role in promoting commodity sales, and public figures help to improve commodity popularity, enhance commodity appeal and form a huge celebrity effect. In this regard, some media illegally produce and use other people's portraits for commercial purposes and seek illegal interests, which constitutes an infringement on the right of public figures' portraits. Second, the news media improperly shoot or use portraits of others, and shoot photos and videos of public figures unrelated to news reports without their consent. Shooting photos and videos of public figures that have nothing to do with news reports and have no reporting value, infringing on the exclusive right to make portraits of others. According to the principle of fair use of portrait rights, news media can take photos and videos of public activities or other reportable tasks and events in public places without the consent of others. However, this right is also limited, that is, only those images related to the content and theme of news reports can be recorded. Public figures are not in public activities or news events, or even participate in public activities, but they are not required by the content of the report. Without the permission of public figures, they are not allowed to take pictures or videos. 2. Unauthorized use of public portraits unrelated to news content. This mainly means that newspapers, magazines, books and other public publications use portraits of others as decorations without the permission of public figures, such as front cover, back cover, centerfolds, article title photos and so on. Infringed on the exclusive right to portrait of others. For example, Mei Ting, an actress from China, sued Hope magazine for using it as a cover without her permission, and wrote irrelevant words beside it, believing that her portrait right had been violated. The court held that the infringement was established and ordered Hope Magazine to compensate the plaintiff for 4000 yuan. 3. Shooting and recording portraits of public figures in private places without authorization. Most of the facts that happen in private occasions involve privacy issues, and journalists must ask for their permission to shoot portraits of others in private occasions. "Private occasions refer to the space for citizens' private activities and private contacts. In private, citizens can freely carry out various activities according to their own hobbies, which is protected by law. "Journalists can shoot and record portraits with news value in any public place, but in private places such as private areas and psychological counseling offices, shooting and recording portraits of others without the consent of others is a violation of the right to portrait by news. In private occasions, except for illegal and criminal activities or other activities closely related to public interests or national collective interests, it generally has legal privacy, and it is necessary to obtain the consent of the person to shoot and record his portrait, otherwise it is an infringement of the right to portrait. Therefore, journalists must be cautious about portrait recording in private occasions. Generally speaking, we should try our best to avoid recording in private places, so as not to infringe on others' portrait rights and even privacy rights. If it is really necessary to record, you must ask their permission. 4. Deliberately distorting photos of portraits of public figures. Although the following acts are not for profit, they are usually considered as violations of the right to portrait for the sake of protecting citizens' portrait rights and personal dignity: illegally making and occupying portraits of others; Insulting or damaging the portrait of others; And maliciously modifying or otherwise processing other people's portraits through photo processing software; These practices constitute an infringement on the portrait rights of public figures, not to mention using their photos without their permission. Media, newspapers or magazines obtain permission from public figures to use their photos, but in order to achieve a certain effect, they deliberately change their photo image in some way to obtain some benefits. There are many infringement disputes in real life. A public figure, because of his openness, has certain restrictions on the protection of portrait rights. For example, the media uses her photos for commercial purposes without the consent of the star herself, or the news media takes portraits of others in an improper way, which all belong to infringement of portrait rights. 3. The law stipulates that Article 10 18 of the Civil Code (to be implemented on 200211) 6868 natural persons have the right to portrait, and have the right to make, use, disclose or permit others to use their 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 6868 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.