Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal for others to take pictures of you?
Is it illegal for others to take pictures of you?
It is illegal to send photos of others everywhere on the Internet, which infringes on the right of portrait, but it does not mean a crime, depending on the purpose of the other party. Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. 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 portraits without permission;
Third, citizens have the right to forbid others to damage, defile, vilify or distort their portraits.
The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits. Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their 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, the right of natural person to make portraits and the right to use standard forms. Legal portrait is an integral part of the personality of a natural person, and the spiritual characteristics embodied in the portrait can transform or derive the material interests of citizens 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. According to the Law of People's Republic of China (PRC) on Portrait Rights, the right to portrait is a basic right of citizens, and no one may use or insult his portrait without his consent. The police have the right to retain the right to use. If you use the portrait of the victim without authorization, you can negotiate first. Those who refuse to revoke it may sue according to law, apply for judicial protection and safeguard their legitimate rights and interests.
Legal basis:
People's Republic of China (PRC) Civil Code
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.
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