What if the photo is stolen?

If you find that your photos have been stolen by others, which seriously infringes on your privacy and may constitute a crime, the parties can report the case directly to the police station.

The rights protection methods for stealing other people's pictures are as follows:

1. You can negotiate with the other party and ask the other party to stop the infringement, eliminate the influence, apologize and compensate for the losses. If negotiation fails or the other party is unwilling to negotiate, both parties may settle under the coordination of national or provincial copyright bureaus, patent offices, trademark offices, people's mediation committees and lawyers, and it is suggested that they be identified through a written agreement after negotiation or settlement;

2. You can apply to the national or provincial copyright bureau, patent office and trademark office for protection, and the administrative department will impose corresponding administrative penalties on the infringer according to law; If the infringement is serious and may be suspected of committing a crime, you can call the police and the procuratorate will initiate a public prosecution. In the course of criminal proceedings, you can file an incidental civil action for compensation.

If there is an arbitration clause in the agreement signed by both parties, they can apply to an arbitration institution for arbitration. After the arbitration result comes out, if one party fails to perform the arbitration award, the other party may apply to the people's court for compulsory execution;

4. You can bring a lawsuit to the intermediate people's court where the infringement occurred or where the infringer lived.

Portrait right is the right that citizens can agree or disagree with others to use their portraits. The law stipulates that the portrait of a citizen shall not be used without his consent. Portraits and documentary photographic works cannot be published or exhibited in principle, even if they are purely non-profit exhibitions, without the consent of the portrait owner.

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 can freely use his own portrait right. If others disagree with the opinions of the portrait owner, the portrait owner has the right to prohibit others from using his exclusive portrait without authorization. Criminals, untrustworthy executors, online advertising fraudsters and counterfeiters can expose their photos and videos, which does not constitute "infringement of portrait rights".

To sum up, it is Bian Xiao's relevant answer on how to deal with stolen photos, hoping to help you.

Legal basis:

Article 100 of the General Principles of the Civil Law of People's Republic of China (PRC) citizens have the right to portrait, and their portraits shall not be used for profit without their consent. Article 101 Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering. Article 120 If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and he may demand compensation for losses. Where the right of name, reputation and honor of a legal person is infringed, the provisions of the preceding paragraph shall apply.

Article 110 of the Civil Code of People's Republic of China (PRC)

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.

Article 1 1 1

Personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and ensure the information security according to law, and shall not illegally collect, use, process or transmit other people's personal information, or illegally buy, sell, provide or disclose other people's personal information.