Is it necessary to be responsible for the negative impact of street photographers on the parties?

First of all, it is an infringement to take a street shot and publish a work without the consent of others. Secondly, the release of street shooting works has a negative impact on the parties. According to Article 10 19 of the Civil Law, the producer of street shooting works should bear the responsibility. According to the relevant provisions of the Civil Code, we should compensate for the losses, eliminate the influence, stop the infringement and eliminate the obstacles.

Legal basis:

According to Article 10 19 of the Civil Code of People's Republic of China (PRC), 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.

Article 1024 of the Civil Code of People's Republic of China (PRC) stipulates that the civil subject enjoys the right of reputation. No organization or individual may infringe upon the reputation right of others by insulting or slandering. Reputation is a social evaluation of the moral character, reputation, talent and credit of civil subjects.

Specific to the matter of "holding hands at the door", the photographer's street shooting led to the disclosure of the privacy of the parties, and the behavior of spreading on the Internet led to the damage of the reputation of the parties and violated the reputation rights of the parties. In other words, although the behavior of the client is disgusting, the photographer is also responsible for his own behavior.

Street photography is an art form, which is usually used to record the cultural environment of some cities, and even regarded as a fashion and trend. But now with the rise of short video platform, street shooting is becoming more and more popular and commercialized. Some stale street beats are gradually ruining their reputation. For example, someone takes pictures under the guise of street shooting, which is disgusting.

In fact, as early as 2065438+July 2009, billboards were erected at many conspicuous intersections in Taikooli, which read "No unauthorized photographing/shooting" to remind passers-by to "raise awareness of prevention and protect personal portrait rights". At the same time, if you want to shoot commercially or bring a tripod, you need to apply for a shooting license.

For street shooters, although the drama of punishing evil and promoting good is deeply loved by the masses, street shooting needs to be carried out within the scale prescribed by law.

After all, this concerns the legitimate rights and interests of each of us. I'm not sure that walking on the streets of the city may be caught by a camera somewhere, whether voluntarily or not.

Note that the following shooting does not constitute infringement.

According to Article 1020 of the Civil Code, the following acts can be carried out reasonably without the consent of the portrait owner:

(1) Using the public portrait of the portrait holder within the necessary scope of personal study, art appreciation, classroom teaching or scientific research;

(2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting;

(three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee;

(4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment;

(5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.

To sum up, it is four words: public interest. In order to teach scientific research, report news, perform official duties, and show specific environment. , do not need to agree.