Is it considered stealing someone else s copyright by referring to someone else s portrait?

It is necessary to determine whether the infringement of the work of others is constituted according to the degree of use of the work of others.

1) Publishing a work without the permission of the copyright owner;

2) Without the permission of the co-authors, publishing a work created in collaboration with others as a work created by oneself alone;

3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth;

4) Distorting or tampering with the works of others;

5) Plagiarizing the works of others;

6) Without the permission of the copyright owner, the work is used by means of exhibition, filming, or methods similar to filming, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law;

7) Failure to pay remuneration for the use of another person's work;

8) Leasing works or audio or video recordings without the permission of the copyright owner of a film work or a work created by a method similar to that of a film, computer software, or audio or video recording, or the rights holder related to copyright, except as otherwise provided in this Law;

9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;

10) Without the performer's permission, live streaming or publicly transmitting their live performance, or recording their performance;

It depends on how much you refer to it.

Legal analysis: If the portrait of another person is used for profit without the consent of the other party, it constitutes an infringement of portrait rights. Common acts of infringing on the portrait rights of the public are mainly the use of other people's portraits for commercial advertisements, product decoration, book and periodical covers, and printed wall calendars for the purpose of profit-making without the consent of the person.

Citizens enjoy the right of portraiture, and without the consent of the individual, the portrait of the citizen shall not be used for commercial purposes.

Legal basis: Civil Code of the People's Republic of China

Article 1018: Natural persons enjoy portrait rights, and have the right to make, use, disclose, or permit others to use their own likenesses in accordance with law. A portrait is an external image that can be identified by a specific natural person reflected on a certain carrier by means of images, sculptures, paintings, etc.

Article 1019: The portrait rights of others must not be infringed upon by any organization or individual by means such as defacement, defacement, or the use of information technology to forge them. The portrait of the portrait rights holder must not be produced, used, or disclosed without the consent of the portrait rights holder, except as otherwise provided by law. Without the consent of the portrait rights holder, the portrait rights holder must not use or disclose the portrait of the portrait rights holder by means such as publication, reproduction, distribution, rental, or exhibition.

1. The use of another person's portrait without the person's consent shows that the infringer has no respect for the personality interests of the person's portrait, and his behavior undermines the personal exclusivity and integrity of the person's portrait, and shall be punished. Citizens who infringe on citizens' portrait rights may demand that the infringer stop the infringing acts, apologize, and pay compensation. If the infringer ignores it, the citizen can file a lawsuit in court.

Article 52 of the Copyright Law of the People's Republic of China Where any of the following infringements is committed, civil liabilities such as stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses shall be borne according to the circumstances: (1) Publishing their works without the permission of the copyright owner; (2) Without the permission of the co-author, treating a work created in collaboration with others as a work created by oneself alone; 3) Signing the works of others without participating in the creation of works for the purpose of seeking personal fame and wealth; 4) Distorting or tampering with the works of others; 5) Plagiarizing the works of others; (6) Without the permission of the copyright owner, the work is used by means of exhibiting or filming audiovisual works, or the work is used by means such as adaptation, translation, or annotation, except as otherwise provided by this Law; (7) Using the works of others, but failing to pay a grand remuneration for the return of reputation; (8) Renting out the originals or reproductions of their works or audio or video recordings without the permission of the copyright owners or performers of audiovisual works, computer software, or audio or video recordings, or the producers of audio or video recordings, except as otherwise provided by this Law; 9) Without the permission of the publisher, using the layout design of the books or periodicals they publish;