External photography post bar

Legally speaking, if you send someone else's photo to Weibo or publish it, can someone else sue that person? If you know, you will definitely say that you have violated the right to portrait. If you write something worse, it's not just an apology.

Legally speaking, if you send other people's photos to Weibo or publish them, can others sue you for violating your privacy and portrait rights? What photos did you see? Ordinary words don't count. If it involves personal privacy, it definitely counts. Some cosmetics companies use other people's photos without their consent, which is a typical infringement.

Legally speaking, is it illegal to send other people's photos online or without their consent? This is a serious violation of the privacy and portrait rights of others. If the circumstances are serious and bad, it is an illegal act that violates the right to privacy, not a crime. Article 10 1 of the General Principles of Civil Law applies: "Citizens and legal persons enjoy the right of reputation, and their personal dignity is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or defaming. " China's current civil law has not clearly stipulated the right to privacy for the time being. Although the law does not directly stipulate the right to privacy, Article 140 of the Opinions of the Supreme People's Court on Implementing Several Issues (for Trial Implementation) stipulates that: disclosing others' privacy in written or oral form, or fabricating facts to publicly vilify others' personality, damaging others' reputation by insulting or slandering, and causing certain influence, shall be regarded as an act of infringing citizens' reputation rights. If the right to privacy is violated, you can sue in court: stop the infringement, eliminate the influence, apologize and compensate for the losses. Some particularly serious violations of privacy, such as illegal intrusion and illegal search of others' bodies, violate Article 245 of the Criminal Law: "Whoever illegally searches another person's body or house or illegally invades another person's house shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention." May constitute a crime. In judicial practice, using other people's portraits for non-profit purposes without my consent may also constitute an infringement of other people's portrait rights. Article 100 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that citizens have the right to portrait, and their portraits shall not be used for profit without their consent. Article 120 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that: if a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology, and demand compensation for losses. First, what is "portrait right". "Portrait" has different understandings from different angles. Portrait (or photography) in the artistic sense refers to an ornamental modeling work that makes the image of the portrait owner reappear under the material carrier through artistic means such as painting and photography. The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. Generally, it has the following legal characteristics: 1. Portrait is an artistic expression of the appearance of a natural person. Usually, when we judge whether the external image of a character constitutes a portrait, we should look at it in combination with its shape and position. First of all, characters should have portrait characteristics. First, its manifestation is to reflect the image of a specific citizen through photography; Second, the portrait must also reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. Third, the portrait must be true and controversial, and celebrities can know whose portrait it is at a glance. Secondly, it must be the fact of a concrete portrait of a citizen. In the picture, the citizen portrait should occupy a prominent position in the whole image and be represented as a specific object, not as a foil; At the same time, the purpose is not to achieve the goal through the use of portraits. 2. Portrait has the property of things. Portrait is an artistic representation, which should be fixed on a specific material carrier (such as photographic paper, TV screen, newspapers and magazines, etc.). ) specifically and independently. It is an objective visual image derived from and independent of the portrait owner, which can be dominated, controlled and disposed of by people and has certain property interests. 3. Portrait is the object of portrait right, which shows the unique personality interests of natural persons. The so-called "property interests" do not come from the physical characteristics of natural persons themselves, but from the personality interests generated by portraits, which reflect different needs of personality interests. The legal protection of natural person's portrait right is actually the need to protect personality interests. The so-called "portrait right" is a kind of personality right exclusive to natural persons. The legal significance is: the inviolable exclusive right of natural persons to copy their images (portraits) on objective material carriers through plastic arts or other forms. The personal interests of citizens reflected in their portraits are the protection objects of portrait rights in our laws. It includes spiritual interests and property interests based on the personality interests embodied in portraits. Its characteristics are: 1, and the subject of portrait right can only be a natural person. Only natural people have the right to portrait and the right to portrait. Legal persons or other social organizations do not have the right to portrait because there is no objective "portrait" that can independently reflect their appearance. The "corporate image" of a legal person does not refer to a person's portrait, but refers to the comprehensive situation and social evaluation of the legal person's operation, scale, management, benefit, reputation and product quality. ) 2. Portrait right In law, is it illegal to send photos of others online or without their consent? (seeking truth)

Does posting other people's photos on the post bar infringe on the right of portrait? Article 100 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that citizens have the right to portrait, and their portraits shall not be used for profit without their consent.

Article 120 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates that: if a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology, and demand compensation for losses.

As long as there is one of the following circumstances, it can be considered as infringement of the portrait rights of others.

1. The act of using the portrait right without the consent of the portrait right holder and without hindrance.

The act of using a portrait without the consent of the portrait owner is also called "improper use of another person's portrait". The legal provisions on the right of portrait in China's civil law are basically aimed at "improper use" of the right of portrait. This improper use can be divided into "for profit" and "for non-profit" illegal use. We can't think that as long as it's not for profit, or with the consent of the portrait owner, we can use the portrait of a citizen at will without making a profit. This understanding is one-sided. Article 100 of China's General Principles of Civil Law stipulates: "Citizens have the right to portrait, and their portraits shall not be used for profit without their consent." The Supreme People's Court's "About Implementation"

In the non-profit use of other people's portraits without their consent, only the behavior with the reason to stop the infringement is legal. Such as news reports, "wanted orders" issued by public security organs to arrest criminal suspects, and so on.

Portrait right, like name right, is an exclusive right. The possession, use and disposal of personal portraits can only be owned by citizens themselves, and no one else can enjoy them without their consent. The act of infringing on the right of portrait is not to use the portrait of a citizen for profit, but to disrespect the exclusive right of a citizen to his portrait. Therefore, for whatever purpose, reproduction, dissemination, exhibition, etc. Citizens' right to portrait should be recognized by citizens, otherwise it will constitute an infringement of the right to portrait.

Can I call the police if I send someone else's photos to the post bar privately? You can communicate with the poster, or with the bar service staff to delete it.

Or report directly, Baidu will only help you delete those contents. The method of posting and reporting is:

1. After logging in Baidu Post Bar, find the post you want to report, or if someone replies, there is a report under the building, click.

2. After clicking Report, the types of spam you can choose will be displayed. After selection, complete the report application and submit it according to the prompt.

If there is no result, then choose the police or legal channels.

Will uploading other people's photos on Sina Weibo infringe on other people's portrait rights? Will you make it up to others? 1, unprofitable, public, non-private, indecent photos, people do not report, officials do not blame.

For example, it is not illegal to shoot a person walking in the street. Many photographers shoot in the street. However, the parties have the right to ask you to delete the image film and television works with their pictures, or cover them up. If it is used for profit, it is necessary to obtain the consent of the parties and pay some compensation. At that time, you can also sue and demand to stop your behavior, compensate or even compensate.

2. It is illegal to cause discomfort to the parties concerned, or to shoot anything indecent and not in public, such as being photographed at home or shooting people in the street. Anyone has the right and obligation to call the police to arrest you.

Excuse me, is it a crime to take photos of others? * * * photos that do not cause serious consequences are more criminal.

China's laws protect citizens' civil rights such as portrait rights and privacy rights, but not all infringements constitute crimes. If it is not used for other illegal acts or has no serious consequences, it does not constitute a crime and belongs to ordinary civil tort (except news reports and law enforcement by judicial departments).

Can parents legally arrange marriages? The law does not allow parents to arrange marriages, and everyone has the right to choose.

Can someone else upload photos instead of me? No, hold hands. In the future, this photo must be uploaded by yourself and registered with your own name.

If someone puts someone else's photos on the Internet, can our current laws punish him? I'm on the first floor, hehe, after reading the statement of Astoria on the third floor, I retort that not making profits is also a violation of portrait rights!

Because the right to portrait includes three aspects, including the ownership, production and use of the portrait, I disagree and can't own his portrait. . . Otherwise, it infringes on ownership,

The third floor, for the purpose of profit, violates all three aspects.

Answer Astoria again.

I think you're talking about people in the background. In fact, I think this is a difficult problem to define. Of course, it is not infringement in understanding. Strictly speaking, it's infringement. . . But nobody took it seriously. . .

But if that's the case, for example, you can have a photo of the two of us, but you can't publish it, because you agree to take pictures, you must agree to have it, but if you publish it, it's for use, so you still have to agree.

Of course, first of all, it must be a violation of the right to portrait.

If it is a life photo, it may also invade privacy.

If it is a bad photo, it may also involve the right of reputation and so on. . .

Since the charges can be determined, it goes without saying that it can be punished, but the reality is that it is difficult to obtain evidence, but it is not difficult if people are willing to spend money to obtain evidence. . .