Traditional Culture Encyclopedia - Photography and portraiture - What are the details of the dispute over Li Jiaqi's personality right?
What are the details of the dispute over Li Jiaqi's personality right?
In September last year, Bi and Lu registered and established Meiwan (Hangzhou) E-commerce Co., Ltd. and Qijia Film and Television Culture Development (Hangzhou) Co., Ltd. in Hangzhou. Making and selling in the name of Li Jiaqi without authorization? Li Jiaqi Ye Zhi? Self-heating fast food, the portrait of Li Jiaqi is used on the package.
Li Jiaqi's fans found out and mailed the infringing products to Li Jiaqi. In March this year, Li Jiaqi sued two companies, demanding that they stop the infringement, apologize and compensate the economic losses of 6,543,800 yuan.
The court held that the defendant used his name and portrait on the product name and packaging without the consent of the parties concerned, which infringed Li Jiaqi's right to name and portrait. Because Li Jiaqi did not provide evidence to prove the benefits of the two defendants, according to their popularity and the degree of the defendant's fault, the economic loss was determined as 6,543,800+6,000 yuan as appropriate.
That's what happened, but what the above two companies did violated the General Principles of Civil Law of People's Republic of China (PRC) and the General Principles of Civil Law.
The General Principles of the Civil Law of People's Republic of China (PRC) and Article 100 of the Civil Law of People's Republic of China (PRC) stipulate that citizens have the right to portrait and may not use their portraits 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 that the infringement be stopped, his reputation be restored, the influence be eliminated, an apology be made, and compensation be paid.
Then what is the right to portrait? First of all, the characters should have the characteristics of being human. 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 recognizable, and familiar people will 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.
Therefore, for a star (online celebrity), his portrait right is more likely to be violated. If his portrait right is violated, he can protect himself through the law.
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