Does it matter if the newspaper reporter makes an appointment to shoot the scenery?

Journalists are not allowed to take photos for commercial purposes without the permission of the parties concerned. If they take pictures by force, they infringe on the right of portrait of the client.

Article 100 of China's General Principles of Civil Law stipulates that "citizens have the right to portrait and may not use their portraits for profit without their consent." Visible, constitute a violation of citizens' right to portrait behavior usually has two elements:

1, without my consent;

2. For profit.

Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. Portrait rights include citizens' ownership of their own portraits, the exclusive right to make portraits and the exclusive right to use portraits, as well as citizens' right to prohibit others from illegally using their own portraits or to damage or defile their own portraits.

Portrait right simply means that the right holder of portrait right can dispose of his own portrait right freely, and has the right to prohibit others from using his exclusive portrait without his consent in case of profit.

Extended data:

Rights of portrait owners:

Portrait owners have exclusive rights to their own portraits. Portrait owners are not only free to dispose of their own portrait rights, but also have the right to prohibit others from using their exclusive portraits without their consent. Specifically, the content of portrait right includes portrait ownership, production right and use right.

Portrait right means that citizens have the right to own their own portraits. Without the permission of a citizen, no one else may own or damage the portrait of the citizen.

Portrait right refers to the right to decide and implement portraits, that is, the right to decide whether and how to make portraits.

Portraits can make their own portraits, such as self-portraits and self-paintings. You can also entrust others to make it, such as a photo studio or studio. If someone takes the initiative to take pictures or make statues for the portrait person, he must obtain the right to make portraits from the portrait person.

Baidu encyclopedia-portrait right

Baidu Encyclopedia-General Principles of Civil Law in China

Answered on 2019/09/07.

Agreed 17

three

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Is it illegal for us to take pictures of others and put them on the internet or in newspapers? What about the reporter?

The main contents of citizens' portrait rights include the right to copy and use portraits. Violations of portrait rights include: copying other people's portraits without permission, using other people's portraits without permission, distorting and vilifying other people's portraits. However, there are some reasonable restrictions on the protection of portrait rights, which follow the principles of national interest, social public interest and owners' own interests. Common situations are as follows: 1, portraits of relevant people are used in news reports; 2. The country needs to use the portrait of a natural person for the national interest, for performing official duties or holding specific activities. 3. Use the portraits of participants to record or publicize specific public activities; 4. Using portraits of others to a certain extent and within a certain scope for the purpose of scientific research and education; 5. Use their portraits for the benefit of portrait owners. There are four elements of infringement, 1. Subjectively intentional behavior; 3. Damage results; 4. There is a causal relationship between the damage behavior and the damage result. If the above four elements are marked, it constitutes infringement. We should bear the corresponding legal responsibilities. Therefore, it is necessary to take photos of others and put them on the Internet, depending on whether this behavior will harm the portrait holder. If there is, it constitutes infringement. But most of the reporters' shooting is within a reasonable range, which is formed because of their special occupation. Therefore, it is generally not recognized as infringement. However, if the reporter's shooting behavior causes serious damage to the photographer, he should also bear tort liability.

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Isn't it illegal for a reporter to take any photos?

It is not illegal for journalists to take any photos, but it is illegal for journalists to publish photos of people without their consent.

Hou Yuanyou said.

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