Traditional Culture Encyclopedia - Photography and portraiture - How much does it cost to sue for portrait rights?
How much does it cost to sue for portrait rights?
1. How much does it cost for the court to prosecute the crime of portrait right?
There is a legal fee for suing the court for violating the right to portrait. Litigation requires the payment of legal fees, unless there are special circumstances.
1. Legal fees refer to the fees that should be paid by the parties when they bring a lawsuit to the people's court, including case acceptance fees and other litigation fees.
2, the parties should pay to the people's court litigation costs include:
(1) case acceptance fee;
(2) application fee;
(3) Transportation expenses, accommodation expenses, living expenses and lost time allowance incurred by witnesses, expert witnesses, translators and adjusters when they appear in court on the date specified by the people's court.
3, the case acceptance fee includes:
(1) Court acceptance fee for first-instance cases;
(2) Acceptance fee for second instance;
(three) the case acceptance fee to be paid in accordance with the provisions of these measures.
If the right of name, name, portrait, reputation and honor is infringed, the legal fee is from 50 yuan to 100 yuan per piece.
Second, how to sue for infringement of portrait rights?
1. When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated. The body of the indictment shall specify the facts and reasons for the request and prosecution, and the tail shall be signed or stamped with the official seal.
2. According to the principle of "whoever advocates gives evidence", the plaintiff shall submit the following materials to the court:
(1) The materials of the plaintiff's subject qualification. Such as the original and photocopy of the resident ID card, residence booklet, passport, home visit certificate for Hong Kong and Macao compatriots, marriage certificate and other evidence; If the enterprise is the plaintiff, it shall submit a copy of the business license, business registration certificate and other materials.
(2) Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.
3. When submitting documentary evidence to the court, the parties shall fill in the list of evidence in duplicate, indicating the name and pages of the evidence submitted. After the evidence is verified by the court undertaker, the undertaker shall sign and seal the evidence list, one for the parties and one for the file.
Third, what is the right to portrait?
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. The contents of portrait right include:
1, citizens have the right to have their own portraits, and have the right to make and use portraits.
2. Citizens have the right to prohibit others from illegally using their portrait rights or damage or defile their portrait rights. To sum up, the legal fees paid for disputes caused by portrait rights will ultimately be borne by the losing party.
Legal objectivity:
Article 182 of the Civil Code of People's Republic of China (PRC) infringes upon the personal rights and interests of others and causes property losses, it shall compensate according to the losses suffered by the infringed or the interests obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation. Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
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