Does taking pictures without others' permission violate the right to portrait?

Whether taking pictures without others' permission infringes the right to portrait can be analyzed in the following two situations:

1. Taking pictures of others is usually not an infringement of the right to portrait;

2. However, if it is for profit without my consent, it will infringe on the right to portrait.

No organization or individual may infringe upon the portrait rights of others by uglifying, defacing or forging by means of information technology. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public. Infringement of others' portrait rights is a kind of civil liability, and citizens enjoy the right to portrait. Without their consent, citizens' portraits may not be used for profit. If a citizen's right to name, portrait, reputation and honor is infringed, he shall have the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and may demand compensation for losses.

Infringement of portrait rights:

1. Using the portrait of the right holder for profit without the consent of the right holder;

2. Showing, making public, displaying, copying and distributing the portrait of the right holder without the consent of the right holder, although it is not for profit;

3. Use the portrait of the right holder beyond the permission of the right holder;

4. Use the portrait of the right holder beyond the geographical scope permitted by the right holder;

5. Use the portrait of the right holder beyond the permission of the right holder.

As long as the three requirements are met, the civil liability that constitutes infringement of portrait rights can be identified:

1. The occurrence of damaging facts. For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, mainly reflected in the reduction of the possibility of the portrait owner obtaining property benefits from his portrait, including direct and indirect losses, including mental damage and material damage;

2. The infringer is subjectively at fault (including intention and negligence). That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that there is a fault;

3. There is a causal relationship between the damage fact and the tort. This causal relationship must be the internal, essential and inevitable connection between the photographer's behavior and the damage result.

To sum up, no organization or individual may infringe on the portrait rights of others by uglifying, defacing or forging by means of information technology. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public. Infringement of others' portrait rights is a kind of civil liability, and citizens enjoy the right to portrait. Without their consent, citizens' portraits may not be used for profit. If a citizen's right to name, portrait, reputation and honor is infringed, he shall have the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he shall make an apology, and may demand compensation for losses.

Legal basis:

Article 119 of the Civil Code of the People's Republic of China

No organization or individual may infringe on others' portrait rights by uglifying, defacing or forging by means of information technology. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public, except as otherwise provided by law.

Without the consent of the portrait owner, the portrait owner may not use or make public the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.