For the question of portrait rights, please see these articles to understand portrait rights

Legal Analysis:1Exclusive rights to make portraits.

The content of the exclusive right to make portraits includes: first, the portrait rights holder has the right to decide to make his own portrait or have his own portrait destroyed by others according to his own needs and the needs of society; Second, the portrait rights holder has the right to prohibit others from making their own portraits without their consent or authorization. Illegally making the portrait of another person constitutes an infringement.

2.Patents for the use of portraits. 3.

Right to protect the interests of the portrait.

Legal basis: Article 1018 of the Civil Code of the People's Republic of China entitled to portraiture and the right to make, use, disclose or permit others to use their own portraits 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.

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1.What is the right of image in the legal sense?

A: Portrait rights are an important part of personality rights.

Article 118 of the Civil Code provides that natural persons enjoy the right of portraiture and have the right to make, use, disclose or permit others to use their own portraits 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.

2.What constitutes an infringement of portrait rights? Need to be profitable?

Article 1019 of the Civil Code provides that no organization or individual may infringe upon the portrait rights of others by means such as defacement, defacement, or forgery by means of information technology. Without the consent of the portrait rights holder, the portrait of the portrait rights holder must not be produced, used, or disclosed, 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.

3.Under what circumstances does the use of someone else's image not constitute infringement?

Answer: Article 1020 of the Civil Code may reasonably carry out the following acts without the consent of the portrait rights holder:

1) To use the portrait of the portrait rights holder that has already been made public to the extent necessary for personal study, art appreciation, classroom teaching, or scientific research;

2) Inevitably producing, using, or disclosing the portrait of the portrait rights holder for the purpose of carrying out news reporting;

3) In order to perform their duties in accordance with law, state organs are to produce, use, and disclose portraits of portrait rights holders to the extent necessary;

4) Inevitably producing, using, or disclosing the portrait of the portrait rights holder for the purpose of displaying a specific public environment;

5) Other acts of producing, using, or disclosing the portrait of the portrait rights holder in order to preserve the public interest or the lawful rights and interests of the portrait rights holder.

4.What should I do if there is a dispute over a portrait license contract?

Answer: Article 1021 of the Civil Code provides that if the parties have a dispute over the understanding of the terms of use of the portrait in the portrait licensing contract, they shall make an interpretation in favor of the portrait right holder.

5.How to deal with disputes over the license period of Xiao Yin's round image?

Answer: Article 22 of Article 1 of the Civil Code provides that if the parties have not agreed on the term of the portrait license or the agreement is not clear, either party may terminate the portrait license contract at any time, but shall notify the other party before a reasonable period.

Where the parties have clearly agreed on the period for the use of the portrait license, and the portrait rights holder has a legitimate reason, the contract for the use of the portrait license may be terminated, but the other party shall be notified before a reasonable period of time. Where the other party suffers losses as a result of the termination of the contract, compensation shall be made for the losses, except for reasons not attributable to the portrait rights holder.

Example: 2In street photography, filming cannot be carried out without the permission of others, and even if others agree to shoot, when the filming content needs to be made public in the later stage, it should still be dismantled with the consent of others, otherwise it may constitute infringement.