Traditional Culture Encyclopedia - Photography and portraiture - Laws that infringe on the right to portrait

Laws that infringe on the right to portrait

Legal analysis: the right of portrait is the right of citizens to agree or disagree with others to use their portraits. The law stipulates that the portrait of a citizen shall not be used without his consent. Portraits and documentary photographic works cannot be published or exhibited in principle, even if they are purely non-profit exhibitions, without the consent of the portrait owner.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait 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.

Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.

Article 1020 The following acts may be reasonably carried out without the consent of the portrait owner: (1) Using the public portrait of the portrait owner within the necessary scope for personal study, art appreciation, classroom teaching or scientific research; (2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting; (three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee; (4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment; (5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.