Deceive couples for photography planning 3

(1) In this case, Li Beibei's portrait right was violated. Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. The carrier of portrait right is usually a work that reflects the image of a natural person including the five senses in the form of photography or plastic arts. Citizens have the exclusive right to make and use their own portraits, and have the right to prohibit others from illegally using their own portraits or damaging or tarnishing their own portraits.

In this case, the photographer enjoys the copyright of a photo. Because the photographer (trustee) and Beibei and Li (trustee) have no special agreement on the ownership of the photo copyright, in this case, the copyright should be owned by the trustee, that is, the photographer. However, according to the reply of the National Copyright Administration on the copyright of photos taken by the studio, the studio should abide by the provisions of Article 100 of the General Principles of the Civil Law when exercising copyright, that is, to use photos for profit, the permission of the portrait owner must be obtained in advance.

In this case, Yu and Liu used Beibei's photos without the permission of Beibei or his guardian, which was an act of infringing Beibei's portrait rights.

(2) The infringers in this case are Yu and Liu. Beibei's father, Li, can make the following claims: stop the infringement, restore the reputation, eliminate the influence, apologize and demand compensation for the losses. Basis: Article 120 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that if a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology, and may demand compensation for losses. "