Legal remedies for portrait rights infringement

The loss of infringement of portrait rights is generally moral compensation.

Where the infringer embezzles or impersonates the name of another person, deceives or fools others by means such as letters or telegrams, and causes damage to his property or reputation, the infringer shall bear civil liability.

Where a citizen's right to name, portrait, reputation, or honor, or a legal person's right to name, reputation, or honor is infringed, and the citizen or legal person demands compensation for losses, the people's court may determine the infringer's liability for compensation based on the degree of the infringer's fault and the specific circumstances, consequences, and impact of the infringement.

Where the rights to name, title, portrait, reputation, or honor of others are infringed upon and profits are gained, the infringer shall have their unlawful gains confiscated in addition to compensating the victims for their losses in accordance with law.

The use of citizens' likeness for advertising, trademarks, window decorations, and so forth, for the purpose of making profits, shall be found to be an infringement of citizens' portrait rights.

In addition to stopping the infringement, removing obstacles, eliminating dangers, eliminating impacts, restoring reputations, and making formal apologies for infringement of others' portrait rights, they may also apply for a part of the moral compensation, and the specific amount of compensation shall be determined by the degree of infringement.

According to Article 995 of the Civil Code of the People's Republic of China, 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 infringement, removal of obstacles, elimination of danger, elimination of impact, restoration of reputation, and formal apology.

Article 996:Where one party's breach of contract harms the other party's personality rights and causes serious mental harm, and the injured party chooses to request that it bear liability for breach of contract, it does not affect the injured party's request for compensation for moral damages.

The liability for infringement of portrait rights in China is mainly in the form of 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 the property liability and moral compensation.

1) The degree of the infringer's fault, except as otherwise provided by law;

2) Specific circumstances such as the means, occasions, and methods of conduct of the violation;

3) the consequences of the infringement;

4) the infringer's profits;

5) the infringer's economic capacity to bear responsibility;

6) The average standard of living in the location of the court where the lawsuit is filed.

Article 1018 of the Civil Code of the People's Republic of China: Natural persons enjoy the right of portraiture, and Zhishu has 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 fixed carrier by means of images, sculptures, paintings, etc.

The liability for infringement of portrait rights is mainly in the form of civil liability, which includes stopping the infringement, eliminating the impact, making a formal apology, and compensating for losses.

Legal analysis

The law stipulates that a citizen's portrait may not be used for profit without the consent of the person, and the portrait right is a personality right enjoyed by a natural person with the content of the personality interests embodied in his or her portrait. 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 photographic techniques or plastic arts to reflect the image of a natural person, including the facial features.

Portrait right is one of the personality rights, which is the right of natural persons to make portraits and the right to use trademarks. 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 Portrait Rights Law of the People's Republic of China, portrait rights are the basic rights of citizens, and no one may 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.

Guess or lose. Legal basis

Civil Code of the People's Republic of China

Article 990:The right to talk about personality is the right to life, the right to body, the right to health, the right to name, the right to a name, the right to portrait, the right to reputation, the right to honor, the right to privacy, and other rights enjoyed by civil subjects. In addition to the personality rights provided for in the preceding paragraph, natural persons enjoy other personality rights and interests based on personal freedom and personal dignity.

Article 1019: The portrait rights of others must not be infringed upon by any organization or individual by means such as defacement, defacement, or the use of information technology to forge them. 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.