What happens if you infringe on someone s image rights but don t use it for commercial purposes

In addition to not being used for commercial purposes, infringement of the portrait rights of others should also be determined whether there is malicious defacement, defilement, or scandalization of citizens' portraits, or use citizens' portraits to carry out personal attacks.

1. If there is, it is an infringement of the portrait rights of others, and once it is sued, it is generally moral compensation. Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts states that "the amount of compensation for moral damages shall be determined on the basis of the following factors:

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.

2. If there is no above behavior, it is not considered to infringe on the portrait rights of others, but it is necessary to pay attention to whether it violates the privacy and reputation rights of others!

Citizens enjoy the right of portraiture, and may not use their portraits for commercial purposes without their consent.

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 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.

No matter what, the following conditions must be met for the infringement of portrait rights: for the purpose of obtaining the consent of the person, the citizen's portrait shall not be used for profit, maliciously defaced, defaced, or vilified the citizen's portrait or used the citizen's portrait to carry out personal attacks, etc., which are acts that infringe on the portrait right. Your classmates do not constitute the above conditions and are not considered infringement.

Besides, the teacher is also yes, just a **, what about other people's stars, they are talked about every day! You can talk to the teacher and tell the teacher to be forgiving and forgiving, and not to lose your temper over trivial things, and to be angry with yourself.

Legal Analysis: Yes, for the purpose of making profits, without the consent of Gongsong Pei Qimin, the use of his portrait for advertising, trademarks, window decoration, etc., shall be found to be an infringement of portrait rights. 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 compensation based on the degree of the infringer's fault and the specific circumstances, consequences, and impact of the infringement.

Legal basis: Civil Code of the People's Republic of China

Article 120: Where civil rights and interests are infringed upon by Zhongfan, the infringed party has the right to request the infringer to bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation.

Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstructions, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall be jointly and severally liable.

According to the characteristics of the act of infringing on portrait rights, there must be three elements for the liability for infringement of portrait rights:

1. The primary condition for the liability for infringement of portrait rights is the use of portraits.

Strictly speaking, the portrait is the exclusive property of the portrait rights holder, and no one else may make his portrait without permission. However, in the legislation and practice of various countries, the mere creation of a portrait memorial hall without using it is generally not sufficient to constitute liability for infringement of portrait rights.

Infringement of portraits used in portrait rights, including all works of visual art and their reproductions that reproduce the image of citizens. This kind of use does not only include commercial use, but also includes all acts of publication, display, reproduction and other use of the portrait. Commercial use and non-commercial use may be publication, display or reproduction.

2. The use of non-high pants with the consent of the portrait rights holder.

Under normal circumstances, the subjective form of the perpetrator of the infringement of portrait rights is intentional, because the use of portrait is a conscious act of the perpetrator, and usually does not misuse the portrait of others because of the mental state of inattention. However, the possibility of negligent infringement of portrait rights cannot be ruled out.

3. Use it for unhindered but illegal reasons.

Although the likeness of another person is used without the consent of the person in question, it is lawful to use it if there is a reason to prevent it from doing so.

1. There is infringement. Without the consent of the portrait rights holder, the act of producing, using, or publicly reproducing the portrait of another person such as a work of visual art and its reproductions that embody the image of a citizen.

2. The infringer is subjectively at fault. If it is not used by the portrait right holder, the subjective form of infringement of portrait right is manifested as intentionality.

3. The degree of fault requirement for compensation liability. The degree of fault of different acts infringing on portrait rights, the details of the infringement, and the result of the damage are different, and factors such as the degree of fault of the infringer, the specific circumstances, consequences, and impact of the infringement should be considered when determining liability.

4. Do not take property damage as a constitutive element. After suffering illegal infringement, even if the property damage is not caused, the portrait rights holder may file a lawsuit with the people's court to request compensation for the cessation of the infringement and compensation for moral damages.

5. There is no reason for illegal obstruction. Fair use is the content of the illegal obstruction.

According to Article 1019 of the Civil Code, no organization or individual may infringe upon the portrait rights of others by means of 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.

Paragraph 2 of Article 1019 of the Civil Code provides that without the consent of the portrait rights holder, the portrait rights holder shall not use or disclose the portrait of the portrait rights holder by means of publication, reproduction, distribution, rental, exhibition, etc.

Legal Analysis:1The act of using the portrait without the consent of the portrait rights holder; 2.making a portrait of another person without authorization; 3.Maliciously insulting or defacing the portrait of others.

Legal basis: Civil Code of the People's Republic of China Article 1000 Article 19: 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 for fiction, 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.

Legal Analysis: Infringement of portrait rights includes:

1) Don't use the likeness of others.

2) Maliciously insulting the portrait of others.

3) Creating portraits of others without authorization. This refers to the act of creating the portrait of another person without the consent of the portrait rights holder.

Legal basis: Article 109 of the Civil Code of the People's Republic of China Any organization or individual that does not alter or deface the portrait rights of others, or uses information technology to falsify or falsify them.