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Anonymous users2024-02-06First, without the consent of the person;
The second is for the purpose of making profits.
Common acts of infringement of citizens' portrait rights are mainly the use of other people's portraits for commercial advertisements, product decorations, book covers, and printed calendars for the purpose of profit without the consent of the person.
Legal basis: Article 990 of the Civil Code of the People's Republic of China Personality rights are the rights enjoyed by civil subjects, such as the right to life, the right to body, the right to health, the right to name, the right to name, the right to portrait, the right to reputation, the right to honor, and the right to privacy.
In addition to the personality rights provided for in the preceding paragraph, Zi Xun Huiran people enjoy other personality rights and interests based on personal freedom and personal dignity.
Article 991 of the Civil Code of the People's Republic of China: The personality rights of civil subjects are protected by law and must not be infringed upon by any organization or individual.
Article 995 of the Civil Code of the People's Republic of China provides Where personality rights are infringed, the victim has the right to request that the perpetrator bear civil liability in accordance with the provisions of this Law and other laws. The provisions of the statute of limitations do not apply to the victim's right to request cessation of the violation, removal of obstacles, elimination of danger, elimination of the repercussions in the shadow, restoration of reputation, and formal apology.
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Anonymous users2024-02-05Common acts of infringing on citizens' portrait rights are mainly the use of other people's portraits for commercial advertisements, product decoration, book covers, and printed calendars for profit-making purposes without the consent of the person.
Legal basis: Article 110 of the Civil Code of the People's Republic of China: Natural persons enjoy the rights to life, body, health, name, portrait, reputation, honor, privacy, marital autonomy and other rights.
Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
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Anonymous users2024-02-04Legal analysis: An act that constitutes an infringement of a citizen's portrait right usually has two elements: first, without the consent of the person; Second, it is for profit, and meeting these two elements constitutes an infringement of portrait rights.
Common acts of infringing on the portrait rights of Yuan Shenhu citizens are mainly the use of other people's portraits for commercial advertisements, commodity decorations, book covers, and printed calendars for profit-making purposes without the consent of the person.
Legal basis: Article 1018 of the Civil Code of the People's Republic of China: Natural persons enjoy the right of portraiture, and have the right to make hailstorms, use, publicize, 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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Anonymous users2024-02-03According to the characteristics of the act of infringing on portrait rights, there must be three elements for the liability for infringement of portrait rights:
The primary condition for the infringement of the liability for portrait rights is the use of the portrait.
Strictly speaking, the portrait is the exclusive property of the portrait rights holder, and others are not allowed to make his portrait without permission. However, in the legislation and practice of various countries, the mere creation of a portrait without using it is generally not sufficient to constitute liability for infringement of portrait rights.
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Anonymous users2024-02-02Summary. What constitutes an infringement of portrait rights?
The common acts of concealing the portrait of citizens are mainly the use of the portrait of others for commercial advertisements, commodity decoration, book and periodical covers, and printed wall calendars for the purpose of profit, without the consent of the person.
Article 110 of the Civil Code of the People's Republic of China provides that natural persons enjoy the rights of biological prudence, body, health, name, portrait, reputation, honor, privacy, and marital autonomy. Legal persons and unincorporated organizations enjoy the right to name, reputation and honor.
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