Is it illegal to photograph others' backs?

Generally speaking, taking pictures of the back will not infringe on the right to portrait. In photography activities, as long as one of the following circumstances exists, it can be considered as infringement of others' portrait rights.

1. The act of using the portrait right without the consent of the portrait right holder and without hindrance.

2. Making portraits of others without authorization (including having photos of others).

The act of creating and possessing portraits (photos) of others without my consent.

Third, maliciously insult and vilify the portraits of others.

Portrait in the legal sense generally refers to the external image of a natural person and his personal legal interests, and its connotation mainly depends on whether it can objectively reflect the external characteristics of the portrait person.

Portrait right, like name right, is an exclusive right. The possession, use and disposal of personal portraits can only be owned by citizens themselves, and no one else can enjoy them without their consent. The act of infringing on the right of portrait is not to use the portrait of a citizen for profit, but to disrespect the exclusive right of a citizen to his portrait. Therefore, for whatever purpose, reproduction, dissemination, exhibition, etc. Citizens' right to portrait should be recognized by citizens, otherwise it will constitute an infringement of the right to portrait.

Portrait is the external expression of citizen's "personality", and only I have the right to decide whether to reproduce my image. Whether portrait works are made (filmed) for public publication or possession does not affect the composition of infringement of portrait rights. In other words, although it is not used publicly, it also constitutes infringement, such as the photo studio printing the customer's photos privately for preservation.

Malicious insult and uglification of portraits of others. That is, the actor maliciously insults, vilifies, defiles, damages or destroys the integrity of other people's portraits. Including altering, distorting, burning, tearing up or hanging upside down other people's photos, this kind of behavior not only constitutes an infringement of the right of portrait, but also often constitutes an infringement of the right of reputation.

Citizens have the right to portrait, and their portraits shall not be used for profit without their consent. However, the general violation of the right to portrait is not to make profits from citizens' portraits, but to disrespect citizens' exclusive rights to their portraits.

legal ground

People's Republic of China (PRC) Civil Code

Article 110 A natural person enjoys 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.

Article 990 The right of personality is the right of life, body, health, name, name, portrait, reputation, honor and privacy enjoyed by civil subjects.

In addition to the personality rights stipulated in the preceding paragraph, natural persons enjoy other personality rights based on personal freedom and personal dignity.