Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal to take pictures of others without permission?

Is it illegal to take pictures of others without permission?

It is illegal, and the act violates the portrait right of the party concerned, and the actor shall immediately stop the infringement and compensate for the losses. China's Civil Law stipulates that portraits may not be made, used or made public without the consent of the owner of the portrait, unless otherwise stipulated by law. Citizens have the right to portrait, and their portraits shall not be used for profit without their consent. If the photographer has a certain influence on the parties, he can ask for compensation and stop the infringement to eliminate the harm. At the same time, citizens' portrait rights shall not be used for profit without their consent.

The parties may require the offender to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses. Shooting others without authorization includes people's unintentional shooting, that is to say, whether people are really shooting others or inadvertently shooting others when shooting themselves, these are all categories without the permission of others. Therefore, everyone must pay attention to this when taking pictures in life, especially when the video is sent to a circle of friends or spread in other places. You must first check whether the video involves infringement and other issues, especially when taking pictures or photographing in scenic spots or public places. If necessary, you can carry out mosaic and other treatments to ensure that you will not bring unnecessary troubles and losses to yourself because you infringe on the rights and interests of others.

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.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.