Photography does not infringe on the portrait rights of others

Ordinary videography is not an infringement of portrait rights.

Article 100 of the General Principles of the Civil Law of China stipulates that "citizens enjoy the right of portraiture, and without their consent, they may not use their portraits for profit." It can be seen that an act that constitutes an infringement of a citizen's portrait rights should usually meet two elements: first, 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. For acts of infringement of portrait rights, the victim may stop it on his own, such as requesting the surrender of the photographed film, removing the public display of the portrait, etc., and may also request the perpetrator to stop the infringement, remove the obstruction, eliminate the impact, or compensate for losses in accordance with the law. The right to claim compensation for losses is not based on property damage.

Article 139 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law stipulates that the use of a citizen's portrait for advertising, trademarks, window decoration, etc., without his or her consent for the purpose of making a profit shall be deemed to be an infringement of a citizen's portrait right. 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.

1.Photographing others in a public place does not require the consent of the person being photographed. This falls within the scope of news reporting and public interest, and does not constitute an infringement of image rights.

2.However, if the photographer uses street photography** for commercial purposes, such as advertising, product packaging, etc., the consent of the photographed person is required, otherwise it will constitute an infringement of the portrait right.

3.The person photographed has the right to request the deletion of the street photo, especially if it may adversely affect his privacy or reputation. Photographers and publishing platforms need to cooperate.

From an individual perspective, street photography may have an impact on privacy and personal image, and individuals should take the following measures to strengthen protection:

1.Avoid large areas of private or overly private information in public places, as this will give the photographer an opportunity.

2.When street photography is maliciously used or published, a deletion notice can be sent to the photographer or the platform to request that the ** be taken down. If refused, legal measures can be taken to defend the rights.

3.Avoid overly intimate interactions or physical contact with strangers, which can be maliciously interpreted or pose a safety concern.

4.Use the privacy protection functions of modern technology products, such as face recognition interception, to reduce the possibility of your own ** being used inappropriately.

5.Be vigilant and try to avoid being too casual or relaxed in public, which will give the photographer an opportunity to take advantage of it.

6.Attend some training or workshops on cybersecurity and privacy protection. Deepen your knowledge of the relevant laws and technologies, which will help to protect your privacy more comprehensively.

In short, maintaining personal privacy requires the cooperation of the social environment, legal means, technological products and personal awareness. As a citizen, it is key to improve self-protection awareness and action. However, at the same time, it also requires the cooperation of platforms and enterprises to ensure the privacy and security of users through technical means and services.

This requires the joint efforts of all sectors of society, but it will eventually lead to a more comprehensive and effective protection of citizens' individual rights.

<>As far as I know, street photography usually does not constitute a direct infringement of portrait rights under reasonable conditions, but the relevant parties still need to abide by the law and ethical norms and try to avoid infringing on the privacy of specific individuals.

The protection of personal privacy requires legislation, education, industry self-discipline and individual efforts, which requires the joint participation and support of the whole society. Only when the awareness of privacy protection is increasing, systematic and comprehensive measures are taken to protect the privacy of individuals more fully.

Whether street photography infringes on personal portrait rights is a complex issue that needs to be considered comprehensively.

From a legal point of view, it is not necessary to obtain the consent of the person being photographed in public**. However, if the ** will be used for commercial purposes or cause damage to the subject, the subject may request to stop using the use and compensate for the damages. Therefore, general street photography usually does not constitute an infringement of portrait rights, but it needs to comply with relevant laws and regulations.

From a moral point of view, any public collection and dissemination should try to avoid privacy leakage and mental damage to the subject. If there is an impact on a particular individual, the consent of the individual should be obtained. Therefore, street photography also needs to follow ethical norms and respect the privacy and feelings of the subject.

Reasonable expectations also need to be considered. In public, everyone will more or less accept the gaze of others for taking pictures. However, if it is used for a specific purpose beyond the individual's reasonable expectations, it is more likely to constitute a privacy invasion.

Therefore, street photographers also need to be aware of the differences in expectations between different occasions and objects, and avoid over-exceeding.

In order to protect the privacy of individuals, legal protections need to be strengthened. Continuously optimize relevant laws and regulations, increase personal information protection and portrait rights, and provide a more comprehensive and authoritative legal basis and protection for citizens' personal privacy.

Guide society to form correct values of respecting personal privacy and information autonomy, and increase citizens' awareness of the importance and protection of their own privacy.

Individuals also need to enhance their awareness of protecting their privacy and take necessary measures, such as avoiding excessive disclosure of personal information, and strengthening the privacy settings of social networks and apps. This is the first line of defense for privacy protection.

Relevant industries, such as the media and Internet companies, need to strengthen their awareness of self-discipline, formulate relevant norms to restrain the behavior of employees, and try to avoid infringing on the privacy of others. Self-discipline is an important measure to protect personal privacy.

Relevant ** departments need to increase the intensity of ruler supervision and punishment, and punish violations of personal privacy to achieve a deterrent effect. Strict regulation can enable companies and individuals to comply with privacy regulations.

Under Chinese law, filming in public is not illegal, but commercial use requires permission from the person concerned. If street photography** is used for commercial purposes, such as brand advertising, it is necessary to obtain the person's portrait right authorization, otherwise it will constitute infringement. 2.

An individual's behavior and appearance in public are not private, and reasonable street photography should be within the scope of the law. However, the filming and dissemination of some close-up shots and stool hidden **** violates personal privacy and is illegal. 3.

Street photography should avoid close-ups and follow-ups of specific individuals, and should ensure that individuals cannot be identified. If the ** only accidentally photographs passers-by, and it is within the normal social range, it generally does not constitute a privacy infringement or portrait rights infringement. 4.

Some public places, such as shopping malls, can restrict filming based on management rights. For example, Taikoo Li Chengdu prohibits filming without permission, which is within the scope of the management authority, and people entering the venue implicitly accept the management regulations, and street photographers must abide by them. Penalties may apply.

5.Street photographers should also take into account the privacy and portrait rights of others when photographing and posting**. Street photography should not target others, avoid close-up shots, and consider whether it will cause privacy invasion or reputational damage to anyone before disseminating it.

In short, street photography is not illegal, but in the process of shooting and use, it is necessary to reasonably abide by the privacy and portrait rights of others, and have a good sense of proportion. Stricter regulations may be formulated in specific public places to manage them by guessing and speculating. Street photographers and members of the public should also take into account the rights of each other when exercising their rights and interests, and be cautious in engaging in and disseminating them.

The protection of the rights and interests of both parties lies in checks and balances and coordination.