What is the act of taking pictures of others casually?

Taking photos of others at will may be an infringement of the right to portrait, and the following conditions need to be met to constitute an infringement of the right to portrait:

(1) The act of using the portrait of the portrait owner without the consent of the portrait owner and without stopping the illegal cause. 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.

(2) making portraits of others without authorization. The act of creating and possessing portraits of others without one's consent. For a photographer, it is the act of taking pictures of others.

(3) maliciously insulting or defacing the portrait of others. That is, the actor maliciously insults, vilifies, defiles, damages or destroys the integrity of other people's portraits.

The loss of infringement of portrait right is generally spiritual compensation. According to the following factors:

(a) the degree of fault of the infringer, except as otherwise provided by law;

(2) The means, occasions and behaviors of infringement;

(3) Consequences caused by the infringement;

(4) profits of the infringer;

(five) the economic ability of the infringer to bear the responsibility;

(6) The average living standard of the court.

Ways to sue for infringement of portrait rights;

(1) When a party files a lawsuit, it shall first submit an indictment and submit corresponding copies according to the number of the other party. If the parties are citizens, the names, gender, age, place of origin and address of both parties shall be stated; If the party is a unit, the name, address, legal representative or person in charge of the unit shall be stated.

(2) The main body of the indictment shall specify the matters requested, the facts and reasons for the prosecution, and the tail shall be signed or stamped with the official seal.

(3) Evidence to prove the plaintiff's claim. Such as contracts, agreements, debt instruments (IOUs, IOUs, etc. ), send and receive vouchers, letters, etc.

(four) the filing court shall, within seven days after the parties perform the necessary procedures and submit the relevant evidence materials, handle the filing procedures for those who meet the conditions for filing; Those who do not meet the conditions for filing a case shall be ruled inadmissible according to law.

Without the consent of the portrait owner, the following acts are reasonably implemented:

(1) Using the public portrait of the portrait holder within the necessary scope of personal study, art appreciation, classroom teaching or scientific research;

(2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting;

(three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee;

(4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment;

(5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.

legal ground

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.