Is it considered infringement if someone else records my video?
It does not necessarily constitute copyright infringement if someone else records my video. In this case, if it constitutes an infringement and constitutes an infringement of a citizen's right of portrait, two requirements are usually met:
(1) Without the person's consent;
(2) For profit. Purpose.
Portrait right refers to the right enjoyed by natural persons to copy, use and exclude others from infringing on their own portraits. It is a personality right enjoyed by natural persons for the personal interests reflected in their own portraits. According to legal provisions, the contents of citizens’ portrait rights are:
(1) Portrait rights. Whether the image is converted to a portrait is up to the portrait owner. No other person may make a likeness of the owner of the likeness without his or her consent. At the same time, the owner of the portrait right has the right to prevent others from making his or her own portrait without authorization.
(2)Portrait rights. That is, the portrait right holder has the right to transfer the portrait to others for use with or without compensation based on the agreed use.
(3)Portrait ownership. Citizens can have their own portraits, and can save and collect their own portraits.
(4) Right to protect portrait. When others illegally use their own portraits or damage, tarnish or vilify their own portraits, citizens have the right to require the perpetrator to stop the infringement and bear corresponding civil liability.
I hope the above content can help you. If in doubt, please consult a professional attorney.
Legal basis:
Article 42 of the "Public Security Administration Punishment Law of the People's Republic of China"
Whoever commits any of the following acts shall be detained for not more than five days Or be fined not more than 500 yuan; if the circumstances are serious, be detained for not less than five days but not more than 10 days, and may also be fined not more than 500 yuan:
(1) Writing threatening letters or threatening the personal safety of others by other means
(2) Publicly insulting others or fabricating facts to slander others;
(3) Fabricating facts, making false accusations and framing others in an attempt to subject others to criminal prosecution or public security management penalties ;
(4) Threatening, insulting, beating or retaliating against witnesses and their close relatives;
(5) Repeatedly sending obscene, insulting, threatening or other messages to interfere with others In normal life;
(6) Peeping, filming, eavesdropping, and spreading other people’s privacy.