Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal to shoot other people's videos without their consent?

Is it illegal to shoot other people's videos without their consent?

It is illegal to shoot other people's videos without their consent. Shooting others without permission violates their portrait rights, and citizens' portrait rights are inviolable.

Legal analysis

According to the relevant laws and regulations, citizens enjoy many rights, including personal rights and property rights. Portrait right is one of the most important personal rights and cannot be illegally violated. If the photographer has a certain influence on the parties, this can be handled by asking for compensation and stopping 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.

legal ground

People's Republic of China (PRC) Civil Code

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.

Article 109 No organization or individual may use information technology to defame, damage 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.