Is it illegal to use someone else's photo as an expression pack without their permission?

It is illegal to use someone else's photo as an expression pack without their permission.

Making Yan characters with other people's heads without authorization constitutes infringement. Should be based on the situation, to stop the infringement, eliminate the impact, apologize, compensation for losses and other civil liabilities. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public, otherwise it will be an act of infringement of the portrait right. The act of making other people's photos into expression packs without the permission of the portrait owner and forwarding them in the group will constitute infringement, and the infringed person can ask him to stop the infringement. However, if you ask for compensation for mental damage, you need to cause serious mental damage to the parties.

The conditions for the Civil Code to constitute a liability for infringement of portrait rights are:

1. The infringer commits an illegal act against another person's portrait;

2. The illegal act has caused harmful consequences;

3. The infringer is subjectively at fault for infringing the portrait right;

4. There is a causal relationship between the tort and the damage result.

Portraits have the following legal characteristics:

1. Portrait is the representation of citizens' external image. It is an objective and comprehensive expression of citizen's form and behavior. From the form of expression, portraits include pictures, photographs, videos, videos, sculptures and so on. From the position of performance, portraits should be dominated by faces. Portraits should reflect the true features of citizens, and artistic images created by people, such as Jigong and the Monkey King, are not portraits;

2. Portrait right is a kind of thing in civil law. Because the portrait must be separated from the portrait person, fixed on a certain material carrier, and can be dominated by manpower, it has certain value, so the portrait is something in civil law. For example, a photo is a thing;

3. Portrait is the embodiment of citizens' personal interests. In addition to the protection of portraits, the law also gives special protection to portraits, because portraits are the embodiment of citizens' personal interests.

To sum up, it is illegal to turn other people's photos into expression packs, which infringes on other people's portrait rights and belongs to infringement, but it is not a crime. According to the law, no organization or individual may infringe on the portrait rights of others by uglification or uglification. Otherwise, it will bear the corresponding tort liability.

Legal basis:

Article 10 18 of the Civil Code of People's Republic of China (PRC).

Natural persons have the right to portrait, and have the right to make, use, make public 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.