What do you mean by portrait right and copyright?

Portrait right and photographic copyright mean: Portrait right is the right of citizens to agree or disagree with others to use their portraits. The law stipulates that citizens' portraits may not be used for profit without their consent.

Copyright, also known as "copyright", refers to the rights enjoyed by the author or others (including legal persons) on a certain crop according to law.

The copyright of a portrait photographic work commissioned by a portrait right holder belongs to the person being photographed, that is, the portrait right holder, and the portrait right can be used by himself, unless otherwise agreed in the contract. The photographer created on the basis of other people's portraits, thus completing this entrustment contract, and the copyright belongs to the portrait owner.

According to the Regulations for the Implementation of the Copyright Law of People's Republic of China (PRC), the so-called photographic works refer to artistic works that record objective images on photosensitive materials with the help of instruments. "Portrait photography" is a kind of work that takes the portrait right of a specific person as the object and records the image of that person through self-conception, creation and photosensitive materials.

According to Article 2 of the Copyright Law: "Works of China citizens, legal persons or other organizations, whether published or not, shall enjoy copyright in accordance with this Law." Therefore, portrait photography works also enjoy copyright. According to Article 11 of the Copyright Law: "Copyright belongs to the author, except as otherwise provided in this Law." It can be seen that under normal circumstances, the copyright of portrait photography works belongs to the photographer.

Extended data:

The use of a citizen's portrait, even without his consent, does not constitute an infringement of the right to portrait. These situations include:

1. Use portraits of people with news value, such as countries, famous scholars, athletes and other public figures, and report their activities and deeds with their portraits when they appear in public. Photos of all levels of * * * going out for inspection and visit; A speech by a famous scholar; The pictures of athletes' competitions all belong to this category.

2. Using the portraits of people who participated in reportable meetings and garden activities, you can take photos of participants for reportable activities. For example, the photos used by the news media when reporting parades, military parades or celebrations or other public activities, people who participate in the activities cannot claim the right to portrait.

3. For the needs of current news reports, the use of portraits without the consent of portrait owners does not constitute infringement.

4. The photos created in the scenic spots are all embellished by people, or others are photographed in the photos. If it is not dominated by characters, it does not constitute an infringement of portrait rights.