Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal to take photos of others and send them to others?

Is it illegal to take photos of others and send them to others?

Legal analysis: According to legal regulations, it is illegal because unauthorized use without the consent of others violates the person's human rights and portrait rights. If it is an uncivilized photo, it will also cause a certain reputation to the person. loss.

Illegal production of another person's portrait constitutes an infringement. When understanding the "right to produce a portrait", we often think that as long as the portrait of the person with the right to portrait is not disclosed, it does not constitute an infringement. This is a violation of the law. A misunderstanding.

Strictly speaking, 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 if it is done in The purpose of private collection will not infringe the direct interests of the portrait owner, so it also constitutes an infringement of the exclusive right to create a portrait.

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.

Legal basis: Article 1019 of the "People's Republic of China and Civil Code" No organization or individual may infringe upon the rights of others by vilifying, defacing, or using information technology means to forge, etc. Image rights. 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.