Consequences of infringement of portrait rights

I. Consequences of Infringement of Portrait Rights

If a party's portrait right is violated, it needs to bear certain civil liability, and the general consequence is to apologize, which is the punishment method of general circumstances. But if the circumstances are serious, the infringer may be required to pay compensation.

Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this Law. The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.

Article 1 10 of the Civil Code stipulates that natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.

2. What are the contents of portrait right?

1, exclusive right of portrait production

As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography and transforming the image of a natural person into a portrait.

The exclusive right to make portraits includes: first, the portrait owner can decide to make his own portrait or let others make his own portrait according to his own needs or the needs of others and society, and no one can interfere; Second, the portrait owner has the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.

When we understand the "portrait right", we often think that as long as the portrait of the portrait owner is not open, it does not constitute infringement, which is a misunderstanding of the law. Strictly speaking, it should be understood that whether the exclusive right to make portraits is infringing depends on whether the producer has obtained the permission of the portrait owner when making them. If it is produced without permission-even for the purpose of possession, it will not infringe on the direct interests of the portrait holder, so it also constitutes an infringement of the exclusive right to portrait production. As far as the photographer is concerned, as long as you aim the camera at a natural person to take a portrait, if the portrait owner disagrees, it is infringement.

2. The exclusive right to use the portrait right

Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic content is:

First, natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law and public order and good customs). Second, natural persons have the right to allow others to use their portraits and decide to get paid for them (this requires equal consultation with the users and signing a portrait use contract). Third, natural persons have the right to prohibit others from illegally using their portraits.

3. The right to protect the interests of portraits

Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. The contents are as follows: first, citizens have the right to prohibit others from making their own portraits without their permission; Second, citizens have the right to prohibit others from using their portraits without permission; Third, citizens have the right to forbid others to damage, defile, vilify or distort their portraits. The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits.

3. What rights does the portrait owner enjoy?

Portrait owners have exclusive rights to their own portraits. Portrait owners are not only free to dispose of their own portrait rights, but also have the right to prohibit others from using their exclusive portraits without their consent. Specifically, the content of portrait right includes portrait ownership, production right and use right.

Portrait right means that citizens have the right to own their own portraits. Without the permission of a citizen, no one else may own or damage the portrait of the citizen.

Portrait right refers to the right to decide and implement portraits, that is, the right to decide whether and how to make portraits.

Portraits can make their own portraits, such as self-portraits and self-paintings. You can also entrust others to make it, such as a photo studio or studio. If someone takes the initiative to take pictures or make statues for the portrait person, he must obtain the right to make portraits from the portrait person.

The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. Generally 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.

The above is the relevant content of the consequences of infringement of portrait rights. It can be seen that the personal interests embodied in citizen portraits are the objects of our country's legal protection of portrait rights. It includes spiritual interests and property interests based on the personality interests embodied in portraits.

Legal objectivity:

According to Article 10 19 of the Civil 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.