Is the star sticker bought online infringing?

1. Does Taobao use star pictures as infringement?

The use of celebrity photos as Taobao pictures violates the portrait rights of celebrities.

In judicial practice, using other people's portraits for non-profit purposes without my consent may also constitute an infringement of other people's portrait rights, and your behavior is obviously for profit, which will definitely infringe on their portrait rights.

The Civil Law of People's Republic of China (PRC) stipulates that citizens have the right to portrait, and they may not use their portraits for profit without their consent. If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he apologize, and he may demand compensation for losses.

Second, what is the basis of photo infringement?

(1) copyright of pictures

Pictures are essentially intangible property, so they are also free assets in law, and the intellectual property law I promulgated is specially used to protect our virtual property. If the merchant can provide a certificate to prove the copyright of the picture when using the picture, he can enjoy the commercial right of the picture. Now many people will register the copyright of their picture works. After registration, the National Copyright Administration will write a number for each registered picture. With this number, the picture can enjoy the protection of the national copyright law.

(2) Personal portrait right

The right of portrait is owned by everyone, and it is also the personal protection law promulgated by the state. No one is allowed to use other people's photos without authorization, whether for business or other purposes. Unlike ordinary pictures, portrait protection is stricter than ordinary copyright, and no application for registration is required. It is illegal for anyone to use another person's portrait without authorization. Of course, except for some state organs, ordinary enterprises are not allowed to use other people's portraits without authorization. Therefore, not to mention the commercial use of Taobao, the photos of stars often have star effect, which can bring a lot of traffic. Therefore, unauthorized use of celebrity portraits is a serious infringement.

(3) Commercial authorization certificate

Nowadays, many enterprises will look for stars who can bring traffic or some well-known stars to take photos for commercial purposes, but only if they sign an authorization certificate with the other party, and the authorization content should reflect the real name and purpose of the authorized person. The authorization certificate is equivalent to the right of the obligee to use his portrait, so the authorization certificate is one of the important things to judge whether the photo has the right to use.

3. What is the content of portrait right?

The content of portrait right includes: citizens have the right to own their own portraits and enjoy the exclusive right to make and use portraits. Citizens have the right to prohibit others from illegally using their portrait rights or to damage or defile their portrait rights.

(1) The exclusive right to make portraits As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography, and transforming the image of a natural person into a portrait. The exclusive right to make portraits includes: first, the portrait owner can decide to make his own portrait or let others make his own portrait according to his own needs or the needs of others and society, and no one can interfere; Second, the portrait owner has the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement. When we understand the "portrait right", we often think that as long as the portrait of the portrait owner is not open, it does not constitute infringement, which is a misunderstanding of the law. Strictly speaking, it should be understood that whether the exclusive right to make portraits is infringing depends on whether the producer has obtained the permission of the portrait owner when making them. If it is produced without permission-even for the purpose of possession, it will not infringe on the direct interests of the portrait holder, so it also constitutes an infringement of the exclusive right to portrait production. As far as the photographer is concerned, as long as you aim the camera at a natural person to take a portrait, if the portrait owner disagrees, it is infringement.

(2) the exclusive right to use portraits. Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic contents are as follows: first, natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law and public order and good customs). Second, natural persons have the right to allow others to use their portraits and decide to get paid for them (this requires equal consultation with the users and signing a portrait use contract). Third, natural persons have the right to prohibit others from illegally using their portraits.

(three) the interests protected by the right to portrait are the exclusive personal interests of citizens, and no other person may interfere or infringe upon them. The contents are as follows: first, citizens have the right to prohibit others from making their own portraits without their permission; Second, citizens have the right to prohibit others from using their portraits without permission; Third, citizens have the right to forbid others to damage, defile, vilify or distort their portraits. The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits.

Without the consent of the star, without signing an endorsement contract, using the picture of the star without authorization is an infringement of his portrait right, so this kind of behavior belongs to infringement. The above is the knowledge about whether Taobao's use of star pictures is infringing. If you don't know anything or have other questions, you can consult Zhaofa's lawyer.