Does painting constitute an infringement of portrait rights?

1. Is painting considered an infringement of portrait rights? If the act of painting meets the above identification standards, then it constitutes an infringement of portrait rights. Article 100 of my country's "General Principles of Civil Law" stipulates that "citizens enjoy the right of portrait and may not use a citizen's portrait for profit-making purposes without the consent of the citizen." It can be seen that to constitute an infringement of a citizen's portrait right, there should usually be two things: Requirements: first, without the consent of the person; second, for the purpose of profit. Common infringements on citizens’ portrait rights include using other people’s portraits for commercial advertising, product decoration, book covers, and printed calendars for profit-making purposes without the consent of the individual. Other laws and judicial interpretations also make corresponding provisions on infringement of portrait rights. Article 139 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "General Principles of Civil Law" stipulates: For the purpose of profit, the use of a citizen's portrait for advertising or trademark purposes without his or her consent , decorating shop windows, etc. should be considered as infringement of citizens’ portrait rights. In addition, maliciously damaging, defiling, or besmirching a citizen's portrait, or using a citizen's portrait to carry out personal attacks, etc., is also an infringement of portrait rights. 2. Infringement content The contents of portrait rights include: (1) Citizens have the right to own their own portraits and have the exclusive right to produce and use the portraits. (2) Citizens have the right to prohibit others from illegally using their portrait rights or damaging or tarnishing their portrait rights. 1. Exclusive right to make portraits. As far as photography is concerned, it is the entire process of fixing the appearance of a natural person on a film, photographic paper or other material carrier through photography, so that the image of a natural person is transformed into a portrait. The contents of the exclusive right of portrait production include: first, the portrait right holder has the right to decide to make his or her own portrait or have his or her portrait produced by others according to his own needs or the needs of others or society, and no other person shall interfere; second, the portrait right holder has the right to decide You have the right to prohibit others from making your own portrait without your consent or authorization. Illegal production of portraits of others constitutes infringement. When understanding the "right of portrait production", we often think that as long as the portrait of the right holder is not disclosed, it does not constitute an infringement. This is a misunderstanding of the law. In a strict sense, the understanding should be: whether the exclusive right of portrait production is infringed depends on whether the producer has obtained the permission of the portrait right holder at the time of production. Production without permission - even for the purpose of private collection, will not Infringement of the direct interests of the portrait owner also constitutes infringement of the exclusive right to create portraits. As a photographer, as long as you point the camera at a natural person and take a portrait, if the portrait owner does not agree and forcibly takes the photo, it is an infringement. 2. The exclusive right to use the portrait. Once the portrait is fixed on a certain material carrier (produced), it becomes independent from the world and can be controlled and used by people. Although the use value of a portrait has universal significance, only the right holder of the portrait can enjoy the exclusive right to use it. Its basic contents are: First, natural persons have the right to use their own likeness in any way and obtain spiritual satisfaction and property gains through use, and others are not allowed to interfere (but must not violate the law and public order and good customs). Second, a natural person has the right to allow others to use his or her likeness and decide to receive remuneration from it (this requires equal negotiation with the user and signing of a likeness use contract). Third, natural persons have the right to prohibit others from illegally using their likenesses. 3. The right to protect portrait interests. Portrait interests are the exclusive personal interests of citizens, and others are not allowed to interfere or infringe. The content is: 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 own portraits without permission; third, citizens have the right to prohibit others from damaging, defiling, or damaging their own portraits. Deflate and distort. The general principle is: citizens have the right to reproduce their own images - the right to agree or disagree with the reproduction of their own images on objective material media and space; citizens have the right to use their own likenesses and the right to allow others to use them image, and the right to prohibit others from using their image. The law stipulates that every citizen has the right to portrait and privacy in accordance with the law. At the same time, it cannot be infringed by any company or individual at will. If the other party uses it at will without the consent of the party concerned, it will not only cause certain troubles and troubles to the party concerned. , and at the same time, it will also affect the harmony of the rule of law society. When an infringement occurs, the parties concerned must also demand an apology and compensation from the other party in accordance with the law.