Hello, I would like to inquire about the issue of portrait rights

Hello, this is not an infringement of portrait rights, it is an infringement of your privacy.

portrait", there are different understandings from different angles. Portrait in the artistic sense (or photography) refers to an ornamental work in which the image of the portrait right holder is reproduced under a material carrier through painting, photography and other artistic means.

A portrait in the legal sense implies the personality interests enjoyed by the portrait right holder based on his portrait. It generally has the following legal characteristics:

1. Portrait is an artistic representation of the appearance of a natural person.

In general, when we judge whether the external image of a person constitutes a portrait, we should look at it in combination with the form of its expression and the part of its expression. Fierce.

First of all, the figure must have portrait features. One is its form of expression, that is, the image that reflects a particular citizen through photography; Second, the portrait must also reflect the main characteristics of a particular citizen, such as posture, appearance, and expression; Third, the portrait must be authentic and recognizable, and people who know it well can know whose portrait it is at a glance.

Secondly, the fact that it must be a specific citizen portrait. In **, the portrait of a citizen should occupy the dominant position highlighted in the whole image, and be represented as a specific object, rather than as a foil; At the same time, the end is not through the use of portraits (means) to achieve the end.

2. Portraits have the attributes of objects. Feast on the bridge.

When a portrait is artistically reproduced, it should be concretely and independently fixed on a specific material carrier (such as photographic paper, television screens, newspapers and magazines, etc.), which is an objective visual image that is independent of the portrait right holder and can be controlled, controlled and disposed of by others, and has certain property interests.

3. Portrait is the object of portrait right, which expresses the unique personality interests of natural persons. Dry pie.

The so-called "property interests" are not derived from the appearance characteristics of a natural person itself, but are derived from the personality interests generated by portraits, and reflect the needs of different personality interests. The legal protection of the portrait rights of natural persons is actually the need to protect the interests of personality.

It can be seen that the so-called maximum penalty for infringing on the portrait rights of others is not established at all, and a certain amount of compensation can be calculated according to the losses caused by this infringement to the owner of the portrait right, and the amount of compensation for some portrait rights infringement may be particularly high, but the punishment can only be established under the circumstance that a crime has been constituted, and the legal liability for civil infringement is limited to compensation, cessation of infringement and formal apology.

Civil Code of the People's Republic of China Article 1018: 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.

<> "Learn some legal knowledge, understand portrait rights, just look at these points!"

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.

Article 100 of the General Principles of the Civil Law 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 to make a profit.

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.

Portrait right refers to a personality right enjoyed by a natural person with the personality interests embodied in his or her own portrait. The right of portraiture is the basic right of citizens, and no one is allowed to use or insult their portrait without their consent. If the victim's portrait is used without authorization, it is an infringement, and if it refuses to be revoked, it can be sued in accordance with the law, and has the right to demand that the infringement be stopped, the reputation restored, the impact eliminated, the formal apology, and the compensation for losses can be demanded to protect their legitimate rights and interests.

Portrait rights are the right of citizens to consent or disagree with others to use their likeness. The law stipulates that the likeness of a citizen may not be used for commercial purposes without the consent of the person in question.