What are the provisions of the Civil Code on portrait rights?

Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.

With the improvement of people's quality and the popularization of legal education, people know more and more about the law and are good at using legal means to safeguard their basic rights and interests. For example, if you meet someone who uses his photos for business activities at will, this is an infringement of his right to portrait, and you can defend your rights according to law. Then, what are the provisions of the Civil Code (implemented from 20211) on portrait rights? This is also what this article will talk about.

First, the provisions of the Civil Code on portrait rights.

Article 1 10 of the Civil Code: Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.

Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. Portrait rights include citizens' ownership of their own portraits, the exclusive right to make portraits and the exclusive right to use portraits, as well as citizens' right to prohibit others from illegally using their own portraits or to damage or defile their own portraits. Portrait right simply means that the owner of portrait right can dispose of his own portrait right freely and has the right to prohibit others from using his exclusive portrait without his consent.

civil law

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.

Article 1022 If the parties have not agreed or clearly agreed on the license period for portrait use, either party may terminate the license contract for portrait use at any time, but it shall notify the other party before a reasonable period.

If the parties have clearly agreed on the duration of portrait license, and the owner of the portrait has justified reasons, he may terminate the portrait license contract, but he shall notify the other party before a reasonable period. If the termination of the contract causes losses to the other party, it shall compensate for the losses, except for reasons not attributable to the portrait holder.

179th ways to bear civil liability mainly include:

(1) Stop the infringement;

(2) remove obstacles;

(3) eliminating danger;

(4) returning property;

(5) restitution;

(six) repair, rework and replacement;

(7) continue to perform;

(8) Compensation for losses;

(9) Paying liquidated damages;

(ten) to eliminate the influence and restore the reputation;

(eleven) apologize.

Where the law provides for punitive damages, such provisions shall prevail.

The ways of bearing civil liability as stipulated in this article can be applied separately or in combination.

Second, the characteristics of portrait right

1. The subject of portrait right can only be a natural person. Only natural people have the right to portrait and the right to portrait. Legal persons or other social organizations do not have the right to portrait because there is no objective "portrait" that can independently reflect their appearance. The "corporate image" of a legal person does not refer to a person's portrait, but refers to the comprehensive situation and social evaluation of the legal person's operation, scale, management, benefit, reputation and product quality. )

2. Portrait right also has a kind of property interest, which is derived from the personality interest of the portrait right holder. It allows the portrait owner to transfer the portrait right to a certain extent, and allows others to make and use their own portraits, and get the due use value from them.

3. Portrait right is also a marked personality right, which is grassroots. The basic function is to identify personality by appearance and image, so as to identify every specific natural person. (And the right to name is to identify personality through written symbols).

Third, compensation for infringement of portrait rights.

The loss of infringement of portrait right is generally spiritual compensation. Article 10 of the Interpretation of the Supreme Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Torts "The amount of compensation for mental damage is determined according to the following factors:

1, the degree of fault of the infringer, unless otherwise provided by law;

2, the means of infringement, occasions, behavior and other specific circumstances;

3. Consequences caused by infringement;

4. The profits of the infringer;

5. The economic ability of the infringer to take responsibility;

6. The average living standard in the seat of the Court of Appeal.

Citizens enjoy the right of portrait according to law, and others are not allowed to use, modify or destroy it without permission, which may also involve the crime of infringing on the reputation right of others. The photography industry must pay attention to this. If you want to take good-looking photos for publicity, you must communicate with the parties first and use them after approval.