Traditional Culture Encyclopedia - Photography and portraiture - Is it illegal to take photos of others without permission?

Is it illegal to take photos of others without permission?

Legal analysis: According to legal regulations, it is illegal because unauthorized use without the consent of others violates the person's human rights and portrait rights. If it is an uncivilized photo, it will also cause a certain reputation to the person. loss. Whether the exclusive right to create a portrait 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 if it is for private collection, will not infringe the direct interests of the portrait right holder. Then, it also constitutes an infringement of the exclusive right to create a portrait.

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.

Legal basis: "The People's Republic of China and the Civil Code"

Article 110 Natural persons enjoy the rights to life, body, health, name, portrait, Rights to reputation, honor, privacy, marital autonomy and other rights. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.

Article 1019: No organization or individual may infringe on the portrait rights of others by defaming, defacing, or using information technology means to forge or otherwise infringe. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law. Without the consent of the portrait right holder, the right holder of the portrait work shall not use or disclose the portrait of the portrait right holder in any manner such as publishing, copying, distributing, renting, or exhibiting.