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Don't do it, it's against the law, it's not worth it for that kind of person.
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Without the permission of others and the approval of the relevant departments, it is illegal to monitor and record without permission, and it is even more illegal for you to publish it. If you find illegal activities in the surveillance video, you can choose to report to the police and provide records to the public security department.
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Recording videos in public places is an infringement of portrait rights. The act of making, using, or disclosing the portrait of the portrait right holder without the consent of the portrait rights holder is an act of infringement of portrait rights. 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.
1. Under what circumstances can the likeness of others be reasonably used.
Fair use of another person's likeness:
1. Use the portrait of the portrait right holder when necessary for personal study, art appreciation, classroom teaching or scientific research;
2. It is unavoidable to produce and use the portrait of the portrait right holder for the purpose of carrying out news reports;
3. In order to perform their duties in accordance with law, state organs shall produce, use and disclose the portrait of the portrait rights holder to the extent necessary;
4. It is unavoidable to make, use and disclose the portrait of the portrait right holder in order to show a specific public environment;
5. Making, using and disclosing other acts of the portrait right holder in order to safeguard the public interest or the legitimate rights and interests of the portrait rights holder.
2. Is the right of portrait a personality right?
The right of portraiture is a kind of personality right enjoyed by a natural person with the content of the personality interests embodied in his or her own portrait. Works that use photography or plastic arts to reflect the image of a natural person, including the facial features. The right of portraiture is one of the personality rights, which is the right of a natural person to make and use the portrait.
The legal portrait is an integral part of the personality of a natural person, and the spiritual characteristics embodied in the portrait can be transformed or derived from the material interests of citizens to a certain extent. The law protects the portrait of citizens on the basis that the portrait reflects the spiritual and personality interests of the citizen in many aspects. According to the provisions of the People's Republic of China on portrait rights, portrait rights are the basic rights of citizens, and no one is allowed to use or insult their portraits without their consent.
**Reserves the right to use. If the victim's portrait is used without authorization, they can negotiate first, and if they refuse to revoke it, they can sue in accordance with the law, apply for judicial protection, and protect their legitimate rights and interests. The content of portrait rights includes:
1) Citizens have the right to own their own portraits, and have the exclusive right to make and use their portraits. (2) Citizens have the right to prohibit others from illegally using their portrait rights or to damage or tarnish their portrait rights.
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, 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.
Article 1019 of the Civil Code of the People's Republic of China.
The portrait rights of others must not be infringed upon by any organization or individual by means such as defacement, defacement, car covers, or the use of information technology means to forge them. Without the consent of the person blocking the portrait rights, 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.
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First, let's be clear: photographing a public figure in a public place does not necessarily constitute an infringement. This is because in public places, people often do not protect their privacy and portrait rights.
Therefore, if a person is filmed in a public place, as long as it is not used for commercial purposes, or does not cause adverse consequences such as damage to reputation, then such an act is legal.
However, if the act of photographing a public figure in a public place abuses the portrait or privacy rights of others, the issue of infringement will be involved. For example, if the photographer discloses the ** or ** of another person without the consent of the person being photographed, or if the act of photographing or distorting the photographer violates the privacy of the person being photographed, then such an act constitutes an infringement.
In addition, public places include many places, some of which are places where privacy and image rights need to be protected. For example, changing rooms, handwashing rooms, hospitals, children's playgrounds and other places where people have higher requirements for their privacy and image rights. If you film others in these places, or even post them on the Internet, it will cause serious harm to the person being photographed.
Therefore, in summary, photographing public figures in public places does not constitute infringement, but it is necessary to follow some basic principles: respect the privacy and portrait rights of others, follow the law, and do not act aggressively to avoid adverse consequences for others.
Finally, it is important to emphasize that at all times, we should respect the privacy and portrait rights of others and refrain from doing things that infringe on the rights of others. The rights and interests of every individual can only be guaranteed in an environment of peace, freedom and harmony.
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On the question of whether street photography infringes on portrait rights, there are some laws and regulations that can be used as references. In Chinese mainland, portrait rights refer to the rights enjoyed by citizens to their personal images such as face, body, and movements, and have the role of protecting their own image and privacy. If others take pictures of their own Zhaoyou in public and publish them (such as posting them on Weibo and other social networks) without their consent, then it may involve infringement of portrait rights.
Although the potential for this question will vary from region to region, here are some suggestions and guidance on street photography and image rights:
Avoid street photography in places where no one is around, as much as possible.
When taking photos in a place where there are people, make sure that the laws of your country or region allow such activities.
If you want to photograph a person** and post it on the internet, please ask for permission from the person being photographed to ensure that it does not infringe on portrait rights.
As for the protection of personal privacy, here are some suggestions:
Do not disclose information such as building numbers and house numbers that may directly lead to location.
Double-check your social ** account privacy settings and adhere to them. Please pay special attention to the settings related to your personal identity.
Don't send sensitive personal information such as social security numbers, credit card numbers, etc.
In short, we should respect and protect the portrait rights and privacy of others, so when conducting street photography or public activities in the form of talking about others, we need to comply with relevant laws and explicit consent as much as possible.
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2. Common acts of infringing on citizens' portrait rights are mainly the use of other people's portraits for commercial advertising, commodity decoration, book and periodical covers, and printed calendars for the purpose of profit without the consent of this Lukai person.
1. How to determine the infringement of portrait rights.
1) Using the likeness of another person without consent.
The use of the 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. If the person's likeness is used with the consent of the person, it does not constitute an infringement of the right of portraiture.
2) The infringement of portrait rights must be an act for profit.
For profit-making purposes refers to the use of a person's likeness for the purpose of soliciting customers, promoting goods, or directly making or copying the likeness into a commodity** for profit. The use of another person's portrait for profit without their consent not only damages the personality of the rights holder, but also damages the right holder's right to obtain material benefits due to the use of his portrait by others for commercial activities, which is not allowed in law. For example, if a photo studio does not hand over negatives to customers without the consent of the person or stores the customer's artistic portrait in the window to solicit customers, it is an infringement of the citizen's portrait rights.
3) The following circumstances are fair use of the portrait of another person and do not constitute infringement:
1. The use of the portrait of a person for public welfare purposes, such as publicizing someone's advanced deeds, or using advanced characters in newspapers, television stations, or movies, may be done without the consent of a person.
2. News report shooting** and images.
3. The use of other people's portraits for fugitives and criminals.
4. Publication of missing person revelations**, etc.
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It should be on a case-by-case basis. It is necessary to determine what purpose the video is used for, whether it involves personal privacy, whether it has an impact on the person being photographed, and if not, there is no so-called infringement of portrait rights. Any organization or individual must not infringe upon the portrait rights of others by means such as defacement, defacement, or the use of information technology means to forge them.
Article 1018 of the Civil Code: 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. Portrait roll deviation 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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