What is infringement of portrait rights?

(1) The act of using the portrait of the portrait owner without the consent of the portrait owner and without stopping the illegal cause. (2) making portraits of others without authorization. The act of creating and possessing portraits (photos) of others without my consent. For a photographer, it is the act of taking pictures of others. Portrait is the external expression of citizen's "personality", and only I have the right to decide whether to reproduce my image. Whether portrait works are made (filmed) for public publication or possession does not affect the composition of infringement of portrait rights. In other words, although it is not used publicly, it also constitutes infringement, such as the photo studio printing the customer's photos privately for preservation. (3) maliciously insulting or defacing the portrait of others. That is, the actor maliciously insults, vilifies, defiles, damages or destroys the integrity of other people's portraits. Including altering, distorting, burning, tearing up or hanging upside down other people's photos, this kind of behavior not only constitutes an infringement of the right of portrait, but also often constitutes an infringement of the right of reputation. Article 1 10 of the Civil Code: Natural persons enjoy the right to life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor. There are usually two elements in the act of infringing citizens' portrait rights: first, without their consent; Second, for the purpose of making profits, meeting these two conditions constitutes an infringement of portrait rights. The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent. Article 10 18 of the Civil Code stipulates that natural persons have the right to portrait, and have the right to make, use, disclose or permit others to use their own portraits 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. In recent years, there seem to be more and more reports of so-called infringement of "portrait right". Why do I think there are many reasons, but there may be three in summary: first, photographers don't know the law; Second, photographers intentionally infringe on people's portrait rights for the purpose of "making profits"; Third, the photographer does not understand the legal significance of the right to portrait. As long as he sees his portrait in the newspaper, he will sue for compensation. According to the above explanation, the right of portrait is also a basic right enjoyed by citizens according to law, and the right of portrait of every China citizen should be protected by law.

Legal objectivity:

People's Republic of China (PRC) Civil Code

Article 10 19

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.