Traditional Culture Encyclopedia - Photography and portraiture - What is the illegal behavior of hanging other people’s artistic photos?

What is the illegal behavior of hanging other people’s artistic photos?

Putting up other people’s artistic photos is an illegal act that infringes on other people’s portrait rights.

No organization or individual may infringe on the portrait rights of others by vilifying, defacing, or using information technology means to forge. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed. Infringement of another person's portrait rights is a civil liability. Citizens enjoy the right to portrait, and citizens' portraits may not be used for profit without their consent. If a citizen's right to name, portrait, reputation, or honor has been infringed upon, he or she has the right to demand an end to the infringement, restore reputation, eliminate the impact, apologize, and demand compensation for losses.

Infringement of portrait rights:

1. Using the portrait of the right holder for profit without the consent of the portrait right holder;

2. For the purpose of making profit, the right holder's portrait is displayed, disclosed, exhibited, copied, distributed, etc. without the consent of the portrait right holder;

3. Use of the right holder's portrait beyond the scope of the portrait right holder's permission ;

4. Use of the right holder’s portrait beyond the geographical scope permitted by the portrait right holder;

5. Use of the right holder’s portrait beyond the period permitted by the portrait right holder.

As long as the following three requirements are met, civil liability for infringement of portrait rights can be determined:

1. There is a fact of damage. For example, after the subject's portrait rights are infringed, the victim's reputation, status, and identity are hit, causing mental pain. This is mainly reflected in the reduction of the possibility of the portrait rights holder to obtain property benefits from his or her portrait. This includes direct and indirect losses, including mental damage and material damage;

2. The infringer is subjectively at fault (this includes intentionality and negligence). That is to say, if there are indeed behaviors prohibited by laws and regulations in photography activities, and if the portrait rights of others are illegally infringed, it can be deemed to be at fault;

3. There is a causal relationship between the fact of damage and the infringement. This causal relationship must be the intrinsic, essential, and inevitable connection between the photographer's behavior and the damage results.

To sum up, hanging other people’s artistic photos is an illegal act that infringes on other people’s portrait rights. No organization or individual may infringe on the portrait rights of others by vilifying, defacing, or using information technology means to forge or otherwise infringe. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed. Infringement of another person's portrait rights is a civil liability. Citizens enjoy the right to portrait, and citizens' portraits may not be used for profit without their consent. If a citizen's right to name, portrait, reputation, or honor has been infringed upon, he or she has the right to demand an end to the infringement, restore reputation, eliminate the impact, apologize, and demand compensation for losses.

Legal basis:

Article 1019 of the "People's Republic of China and Civil Code"

No organization or individual may vilify, Deface or use information technology means to forge or infringe on the portrait rights of others. 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.

Without the consent of the portrait right holder, the right holder of the portrait work shall not use or disclose the portrait of the portrait right holder in any manner such as publishing, copying, distributing, renting, or exhibiting.