How to Judge the Infringement of People's Photos —— What are the criteria for determining the infringement of portrait rights?

What are the criteria for determining the infringement of portrait rights? 1. The act of using the portrait of the portrait owner without the consent of the portrait owner without justifiable reasons. 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.

2. Making portraits of others without authorization (including having photos of others). The act of creating and possessing portraits (photos) of others without my consent. For a photographer, it is the act of taking pictures of others.

3. Malicious insults and uglification of other people's portraits. That is, the wrongdoer maliciously insults, defaces, damages, etc. , infringing on the portrait of others or destroying the integrity of the portrait of others, including altering, distorting, burning, tearing up or hanging upside down the photo of others.

Infringement of others' portrait right is a kind of civil responsibility, and citizens enjoy the right to portrait. Without my consent, citizens' portraits shall not be used for profit. If a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand that the infringement be stopped, his reputation be restored, the influence be eliminated, he apologize, and he may demand compensation for losses.

According to Article 10 18 of the Civil Code of People's Republic of China (PRC), natural persons have the right to make, use, disclose or permit others to use their own portraits according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.

What is the standard of infringement of portrait right in civil code? Generally speaking, the following criteria should be grasped in determining the infringement of portrait rights:

(a) the use of another person's portrait without the consent of another person shows that the infringer does not respect the personal interests of the other person's portrait, and his behavior undermines the personal exclusiveness and integrity of the other person's portrait and should be punished. If the portrait is used with my consent, it does not constitute an infringement of the right to portrait.

(2) Infringement of portrait rights must be for profit. For the purpose of making profits, it refers to using someone's portrait to attract customers, promote goods, or directly make or copy the portrait into goods for sale.

Using other people's portraits for profit without other people's consent not only damages the personality of the obligee, but also damages the obligee's right to obtain material benefits because others use their portraits for commercial activities, which is not allowed in law. For example, the photo studio does not give the negatives to customers or put the artistic portraits of customers in the window to attract customers without my consent, which is an infringement on the rights of citizens' portraits.

Exemption from the use of portrait rights

The following acts are reasonably implemented in this provision, without the consent of the portrait owner:

1, for personal study, art appreciation, classroom teaching or scientific research, and use the public portrait of the portrait holder within the necessary scope. For example, the Academy of Fine Arts copied the portrait of the owner that has been uploaded to the website in class.

2. In order to carry out news reports, it is inevitable to make, use and make public portraits of portrait owners. For example, the newspaper published a photo of Academician Li Lanjuan's touching story about fighting the epidemic, and indicated the source and original author of the photo.

3. State organs shall, in order to perform their duties according to law, make, use and publicize portraits of portrait rights holders within the necessary scope. For example, public security organs publish photos of wanted criminals.

4. In order to show the specific public environment, it is inevitable to make, use and publicize the portrait of the portrait owner. For example, when a sports program is broadcast, the camera sweeps the face of an audience under the stage.

5. Other acts of making, using and publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners. For example, after the child is lost, use the child's photo to find you.

legal ground

People's Republic of China (PRC) Civil Code

Article 1018 A natural person enjoys the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law.

Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.

People's Republic of China (PRC) Civil Code

Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.

Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.

What are the criteria for determining the infringement of portrait rights? 1. What are the criteria for determining infringement of portrait rights?

1, the standard of infringement of portrait right is:

(1) Without my consent;

(2) for the purpose of profit. The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent.

2. Legal basis: Article 10 18 of China People's Tambi Code.

Natural persons have the right to portrait, and have the right to make, use, make public or permit others to use their own portraits according to law. Portrait is the external image of a specific natural person, which can be identified by means of images, sculptures and paintings.

Two, what are the elements to determine the amount of compensation for mental damage?

1, the degree of fault of the infringer, unless otherwise provided by law;

2, the means of infringement, occasions, behavior and other specific circumstances;

3. Consequences caused by infringement;

4. The profits of the infringer;

5. The economic ability of the infringer to take responsibility;

6. Average standard of living in the seat of the Court of Appeal