Traditional Culture Encyclopedia - Photography and portraiture - Is it infringing to capture portraits in the park?

Is it infringing to capture portraits in the park?

Is it infringing to capture portraits in the park?

There are many factors to consider whether it is infringement to capture portraits in parks. First of all, whether the act of shooting portraits has been recognized by the photographer. If the photographer explicitly agrees or acquiesces, then the snapping behavior does not constitute infringement. Secondly, whether the photographer uses the photos of the photographed person for commercial purposes or maliciously spreads them. If the photographer uses the photos for commercial purposes or maliciously spreads them without the photographer's consent, it may constitute infringement.

In addition, we also need to consider the publicity and openness of the park. If the park is an open public place and the photographer doesn't explicitly disagree to be photographed, then the snapping behavior may not constitute infringement. However, if there are specific regulations or restrictions in the park, or the photographer clearly expresses that he does not want to be photographed, then the snapping behavior may constitute infringement.

Therefore, it is necessary to judge whether the portrait in the park is infringing according to the specific situation. It is suggested that the photographer obtain the consent of the subject before shooting and abide by relevant laws, regulations and ethics.

To sum up:

Whether the portrait photographed in the park is infringing or not needs to be judged according to the specific situation, and factors such as the photographer's consent, the photographer's purpose, the publicity and openness of the park need to be considered. It is suggested that the photographer obtain the consent of the subject before shooting and abide by relevant laws, regulations and ethics.

Legal basis:

The Copyright Law of People's Republic of China (PRC) stipulates: "The copyright of photographic works belongs to the author, but others can exercise the copyright or obtain permission in accordance with the provisions of this law." Therefore, if the photographer uses his photos without the photographer's consent, it may infringe the photographer's copyright. In addition, the Civil Code of People's Republic of China (PRC) also provides relevant provisions for the protection of portrait rights. If the photographer uses his portrait for commercial purposes or maliciously spreads it without the photographer's consent, it may also constitute infringement.