What are the details of the legal provisions regarding portrait rights?

1. What are the details of the legal provisions on portrait rights? Portrait rights are a kind of personality right enjoyed by natural persons with the content of the personal interests reflected in their own portraits. Works that use photography or plastic arts to reflect the image of a natural person, including facial features. Portrait right is a type of personality right, which is a natural person’s right to create and use portraits. Legal portraits are an integral part of a natural person's personality, and the spiritual characteristics embodied in the portrait can, to some extent, transform or derive citizens' material interests. The law protects the portraits of citizens on the basis that the portraits reflect the citizens’ spiritual interests and personality interests in many aspects. According to the provisions of the People's Republic of China on the right of portrait, the right of portrait is the basic right of citizens. No one may use or insult his or her portrait without the consent of the individual. The police reserve the right of use. If the victim's portrait is used without authorization, negotiation can be carried out first. If the victim refuses to revoke it, he or she can sue in accordance with the law and apply for judicial protection to safeguard his or her legitimate rights and interests. Article 1019 of the Civil Code (effective from January 1, 2021)6868 No organization or individual may infringe on the portrait rights of others by defaming, defacing, or using information technology means to forge. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law. 2. What are the contents of the portrait right? 1. The exclusive right to create a portrait is as far as photography is concerned, that is, the appearance of a natural person is fixed on a film, photographic paper or other material carrier through photography, so that the image of the natural person is transformed into the entire portrait. process. The contents of the exclusive right of portrait production include: first, the portrait right holder has the right to decide to make his or her own portrait or have his or her portrait produced by others according to his own needs or the needs of others or society, and no other person shall interfere; second, the portrait right holder has the right to decide You have the right to prohibit others from making your own portrait without your consent or authorization. Illegal production of portraits of others constitutes infringement. In a strict sense, the understanding should be: whether the exclusive right of portrait production is infringed depends on whether the producer has obtained the permission of the portrait right holder at the time of production. Production without permission - even for the purpose of private collection, will not Infringement of the direct interests of the portrait owner also constitutes infringement of the exclusive right to create portraits. As a photographer, as long as you point the camera at a natural person and take a portrait, if the portrait owner does not agree and forcibly takes the photo, it is an infringement. 2. The exclusive right to use the portrait. Once the portrait is fixed on a certain material carrier (produced), it becomes independent from the world and can be controlled and used by people. Although the use value of a portrait has universal significance, only the owner of the portrait right has the exclusive right to use it. Its basic contents are: First, natural persons have the right to use their own likeness in any way, and obtain spiritual satisfaction and property gains through use, and others are not allowed to interfere (but must not violate the law and public order and good customs). Second, a natural person has the right to allow others to use his or her likeness and decide to receive remuneration from it (this requires equal negotiation with the user and signing of a likeness use contract). Third, natural persons have the right to prohibit others from illegally using their likenesses. 3. The right to protect portrait interests. Portrait interests are the exclusive personal interests of citizens and cannot be interfered with or infringed upon by others. Mainly reflected in: first, citizens have the right to prohibit others from making their own portraits without their permission; second, citizens have the right to prohibit others from using their own portraits without permission; third, citizens have the right to prohibit others from damaging or defiling their own portraits. , vilify and distort. The general principle is: citizens have the right to agree or disagree with the reproduction of their own image on objective material media and space; citizens have the right to use their own likenesses, the right to allow others to use their own likenesses, and the right to The right to prohibit others from using your likeness. The main legal provisions of portrait rights are reflected in my country's Civil Code, which has a clear legal basis for the concept of portrait rights and the infringement of portrait rights, and portrait rights include the use, maintenance and production of portrait rights. Those who have rights, the key to defining the infringement of portrait rights is to make profits, but everyone should pay attention to protecting their various privacy. Once the infringement of portrait rights occurs, it will also cause a lot of trouble for themselves.