About the right to photograph portraits?

Category: entertainment and leisure >> camera

Problem description:

Photographers captured a character in the street, published it in their newspaper, took part in a photo contest and won the gold medal of 1000 yuan. Later, the people in the photo knew that the reporter had violated her portrait right and wanted to be awarded a bonus. Is there any legal basis for her statement?

Analysis:

I don't think there is any basis.

The way to bear civil liability for infringement of portrait right

In our country, the main way of liability for infringement of portrait right is civil liability. This kind of civil liability includes stopping the infringement, eliminating the influence, apologizing and compensating for the losses. Among them, stopping the infringement, eliminating the influence and apologizing are non-property liability methods, and compensating for losses is property liability methods. In China's judicial practice, the determination of tort liability is generally as follows: First, taking profit as the purpose and taking profit as the compensation standard. That is to say, no matter whether the circumstances are serious or not, whether it is profitable or not, as long as the purpose of illegal use is profit and the owner of the portrait demands compensation, the infringer must bear the liability for compensation. Secondly, for the non-profit infringement of portrait rights, that is to say, the determination of compensation for spiritual interests of infringement of portrait rights is based on "serious circumstances". If the circumstances are minor and have not caused serious consequences, material compensation is generally not awarded.

First of all, the reporter is not for profit, just taking part in the photo contest. In addition, it did not damage the reputation of the character.