Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal to take pictures of girls in the street?
Is it illegal to take pictures of girls in the street?
No matter whether the photos are used for commercial purposes or not, as long as they are taken in public places without the permission of the parties concerned, and the photographed photos, videos and other image materials are publicly disseminated, the portrait rights of others have been infringed. If the photographer's original intention is to upload photos of beautiful women for the eyes of netizens, it is difficult to guarantee that these photos will not be spoofed or used for other purposes by netizens. In this way, it may bring some negative effects to the photographer. If the photographer wants to pursue it, the photographer and publisher should also bear the responsibility.
In any case, you should communicate with the subject in advance and get the permission of the other party before taking pictures. If the other party raises the issue of photo manuscript fee and copyright, both parties should also negotiate in advance. After street shooting, it is an infringement to publish photos on public media such as the Internet or use their photos for profit without my consent.
Portrait right, as a kind of personality right, includes citizens' ownership of their own portraits, the exclusive right to make and use portraits, and citizens' right to prohibit others from illegally using their own portraits or damaging or tarnishing their own portraits.
A work that reflects the image of a natural person, including the five senses, through photography or plastic arts. Portrait right is a kind of personality right, which is the right of natural person to make portraits and the right to use trademarks. As an integral part of natural person's personality, legal portrait can transform or derive citizens' material interests to a certain extent. The legal protection of citizens' portrait right is based on the portrait right, which reflects citizens' spiritual interests and personality interests in many ways.
legal ground
Article 100 of the Civil Law of People's Republic of China (PRC) infringes upon civil rights and interests, and shall bear tort liability in accordance with this Law. The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
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