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

Is it illegal to send photos of others?

This is illegal. It is illegal to upload other people's photos without their consent, which infringes on the other party's portrait right and privacy right.

Legal analysis

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 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". Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. A work that reflects the image of a natural person, including the five senses, through photography or plastic arts. Portrait right is a kind of personality right, the right of natural person to make portraits and the right to use standard forms. Legal portrait is an integral part of the personality of a natural person, and the spiritual characteristics embodied in the portrait can transform or derive the material interests of citizens to a certain extent. The legal protection of citizens' portrait right is based on the portrait right, which reflects citizens' spiritual interests and personality interests in many ways. The content of portrait right includes: (1) citizens have the ownership of their own portraits and the exclusive right to make and use them. (2) Citizens have the right to prohibit others from illegally using their portrait rights or to damage or defile their portrait rights.

legal ground

Article 10 19 of the Civil Code of People's Republic of China (PRC) * * 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.