What are the consequences of portrait infringement and what should I do if it is infringed?

The way to deal with the infringement of portrait rights is generally in the form of civil liability, which includes stopping the infringement, eliminating the impact, apologizing, and compensating for losses. Among them, stopping the infringement, eliminating the impact, and making a formal apology are non-property liability methods, and compensation for losses is property liability methods. In China's judicial practice, the determination of tort liability is generally as follows:

First, if it is for the purpose of profit, it is for the purpose of profit, which is the standard for compensation. That is, regardless of whether the circumstances are "serious" or not, and whether or not it is profitable, as long as the purpose of the illegal use is for profit, and the portrait rights holder claims compensation, the infringer must bear the liability for compensation.

The second is for non-profit-making infringement of portrait rights, that is, the determination of damages for infringement of moral interests in portrait rights is based on the basic standard of "serious circumstances". Where the circumstances are minor and do not cause serious consequences, material compensation is generally not to be awarded.

The consequence of portrait infringement is the way in which the infringer bears civil liability. The civil liability includes stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses. Among them, stopping the infringement, eliminating the impact, and making a formal apology are non-property liability methods, and compensation for losses is property liability methods.

If the infringement is made, the victim can stop it on his own. For example, a request to hand over the photographed film, to remove the public display of the portrait, and so forth, may also request that the perpetrator stop the violation, remove the obstruction, eliminate the impact, or compensate for losses in accordance with law. The right to claim compensation for losses is not based on property damage.

After infringement, it is generally required to stop the infringement and compensate for losses. After being infringed, you can file a lawsuit to stop the infringement and compensate for damages.

A personality right enjoyed by a natural person with the personality interest embodied in his or her own portrait as the content. The right of portraiture includes the right of citizens to own their own portraits, the exclusive right to make and use their portraits, and the right to prohibit others from illegally using their portrait rights or to damage or tarnish their portrait rights.

Portrait rights simply mean that the portrait rights holder can freely use his or her portrait rights. If another person does not have the consent of the portrait rights holder, the portrait rights holder has the right to prohibit others from using their exclusive portrait without authorization.

Where the right holder infringes on the right of portraiture, the rights holder may require the infringer to bear civil liabilities such as stopping the infringement, eliminating the impact, restoring reputation, and making a formal apology. If a criminal offense is constituted, the rights holder may report or make an accusation to the public security organs, people's courts, or people's procuratorates.

Article 179 of the Civil Code stipulates that the main types of documents to bear civil liability are:

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Repair, restart, and replacement;

vii) continued performance;

8) Compensation for losses;

9) Payment of liquidated damages;

10) Eliminate the impact and restore reputation;

11) Apologize.

Article 1018 stipulates 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.

What is portrait rights infringement?

1. Portrait right is the right of citizens to agree or disagree with others to use their own portraits.

2. Common acts of infringing on citizens' portrait rights are mainly the use of other people's portraits for commercial advertisements, commodity decorations, book covers, and printed calendars for the purpose of profit without the consent of the person. In addition, maliciously defaming, defiling or defaming a citizen's portrait, or using a citizen's portrait to make a personal attack, is also an act of infringing on the right of portraiture.

Article 110 of the Civil Code [Personality Rights of Subjects of Civil Hunger] Natural persons enjoy the right to life and body.

Summary. Hello, if the portrait is infringed, you can negotiate the relevant compensation with the infringer. If the infringer ignores it, the citizen may file a lawsuit with the court, asking the court to compel the infringer to stop the infringement, eliminate the impact, restore the reputation, apologize, and compensate for the loss.

Hello, if the portrait is infringed, you can negotiate the relevant compensation with the infringer. If the infringer ignores it, the citizen can file a lawsuit with the court, asking the court to compel the infringer to stop the infringement, eliminate the impact, restore the name and reputation, apologize, and compensate for the loss.

Legal basis: According to the provisions of the Civil Code of the People's Republic of China, the infringement of portrait rights is an infringement, and the infringed party may require the infringer to stop the infringement, sell and compensate for losses. FYI.

1.Where any organization or individual infringes upon the portrait rights of others by means such as defacement, defacement, or forgery by means of information technology, it constitutes an infringement of portrait rights;

2.If the portrait rights holder's portrait of Xiao Zheng is illegally produced, used, or disclosed without the consent of the portrait rights holder, it constitutes an infringement of portrait rights;

The Civil Code, which came into effect on January 1, 2021, clearly stipulates that a portrait is an external image that can be identified by a specific natural person reflected on a certain medium through images, sculptures, paintings, etc. 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.

If an act constitutes an infringement of a citizen's portrait right, if it is for the purpose of "profit", regardless of whether the circumstances are "serious" or not, and whether it is profitable or not, as long as it is used illegally without the consent of the portrait rights holder, it constitutes an infringement of the portrait rights holder's portrait. If it is not for the purpose of "making profits", but the perpetrator infringes on the portrait rights of others by means such as defacement, defacement, or forgery by means of information technology, it also constitutes an infringement of portrait rights.

Hope the above is helpful to you.

The method of dealing with the infringement of the portrait is as follows: after the right holder is infringed on the portrait right, it shall retain the evidence as soon as possible to prepare for filing a lawsuit in the future. The infringed party has the right to demand that the infringed party stop the infringement, restore the reputation, eliminate the impact, make a formal apology, and may demand compensation for losses.

Where the property of the right holder is harmed as a result of this, compensation may be made.

Article 1010 of the Civil Code of the People's Republic of China: Article 9 The portrait rights of others must not be infringed upon by any organization or individual 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.

Article 179 of the Civil Code of the People's Republic of China: The main ways to bear civil liability are: (1) stopping the infringement; 2) removal of obstructions; c) eliminate the danger; 4) the return of property; (E) the wheel of tung to restore the original state; (6) Repair, rework, or replacement; vii) continued performance; 8) Compensation for losses; 9) Payment of liquidated damages; 10) Eliminate the impact and restore reputation; 11) Apologize. Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.