Traditional Culture Encyclopedia - Photography and portraiture - My photo was used for advertising without my consent. What should I do?
My photo was used for advertising without my consent. What should I do?
According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC):
Article 100: Citizens have the right to portrait. Without his consent, his portrait shall not be used for profit.
Article 120 stipulates that if a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology and demand compensation for the losses.
Extended data:
According to the Supreme People's Court's Opinions on Implementing the General Principles of the Civil Law of People's Republic of China (PRC) (Trial);
Article 149: If anyone steals or uses another person's name to deceive or fool others by means of letters or telegrams, thus causing damage to the property and reputation of others, the infringer shall bear civil liability.
Article 150 Where a citizen's right to name, portrait, reputation and honor is infringed upon, or a legal person's right to name, reputation and honor is claimed by a citizen or legal person for compensation, the people's court may determine the liability for compensation according to the degree of the infringer's fault and the specific circumstances, consequences and influence of the infringement.
Article 15 1: If an infringer infringes upon another person's right to name, name, portrait, reputation and honor and gains profits, the infringer shall, in addition to compensating the victim for losses according to law, confiscate his illegal income.
Jinzhong Municipal People's Government-the Supreme People's Court's Opinions on Implementing the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation)
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