I. Consequences of Infringement of Portrait Rights
If a party's portrait right is violated, it needs to bear certain civil liability, and the general consequence is to apologize, which is the punishment method of general circumstances. But if the circumstances are serious, the infringer may be required to pay compensation.
Anyone who infringes upon civil rights and interests shall bear tort liability in accordance with this Law. The civil rights and interests mentioned in this Law include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, security right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right.
Article 1 10 of the Civil Code stipulates that natural persons enjoy the rights of life, body, health, name, portrait, reputation, honor, privacy and marital autonomy. Legal persons and unincorporated organizations enjoy the right of name, reputation and honor.
Second, what does not constitute "infringement of portrait rights"
Criminals, untrustworthy or online advertising fraudsters and counterfeiters can expose their photos, which does not constitute "infringement of portrait rights".
(1) When politicians, movie stars, sports stars and other public figures appear in public, they are not allowed to object to others taking pictures;
(2) Participants in processions, demonstrations and public speeches shall not object to others taking photos of the above activities because their activities are public;
(3) People with special news value shall not object to reporters taking photos in good faith. Such as particularly lucky or unfortunate people, parties to major events or people present. , all belong to this situation;
(4) A criminal suspect shall not object to judicial personnel taking photos for providing judicial evidence;
(5) The exclusive right to portrait refers to the right to use portraits to mark and commend oneself, that is, the right to decide whether to use portraits and how to use them. Without my consent, others may not use his portrait for profit.
3. What rights does the portrait owner enjoy?
Portrait owners have exclusive rights to their own portraits. Portrait owners are not only free to dispose of their own portrait rights, but also have the right to prohibit others from using their exclusive portraits without their consent. Specifically, the content of portrait right includes portrait ownership, production right and use right.
Portrait right means that citizens have the right to own their own portraits. Without the permission of a citizen, no one else may own or damage the portrait of the citizen.
Portrait right refers to the right to decide and implement portraits, that is, the right to decide whether and how to make portraits.
Portraits can make their own portraits, such as self-portraits and self-paintings. You can also entrust others to make it, such as a photo studio or studio. If someone takes the initiative to take pictures or make statues for the portrait person, he must obtain the right to make portraits from the portrait person.
The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. Generally has the following legal characteristics:
1. Portrait is an artistic expression of the appearance of a natural person.
Usually, when we judge whether the external image of a character constitutes a portrait, we should look at it in combination with its shape and position.
First of all, characters should have portrait characteristics. First, its manifestation is to reflect the image of a specific citizen through photography; Second, the portrait must also reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. Third, the portrait must be true and controversial, and celebrities can know whose portrait it is at a glance.
Secondly, it must be the fact of a concrete portrait of a citizen. In the picture, the citizen portrait should occupy a prominent position in the whole image and be represented as a specific object, not as a foil; At the same time, the purpose is not to achieve the goal through the use of portraits.
2. Portrait has the property of things.
Portrait is an artistic representation, which should be fixed on a specific material carrier (such as photographic paper, TV screen, newspapers and magazines, etc.). ) specifically and independently. It is an objective visual image derived from and independent of the portrait owner, which can be dominated, controlled and disposed of by people and has certain property interests.
3. Portrait is the object of portrait right, which shows the unique personality interests of natural persons.
The so-called "property interests" do not come from the physical characteristics of natural persons themselves, but from the personality interests generated by portraits, which reflect different needs of personality interests. The legal protection of natural person's portrait right is actually the need to protect personality interests.
The so-called "portrait right" is a kind of personality right exclusive to natural persons. The legal significance is: the inviolable exclusive right of natural persons to copy their images (portraits) on objective material carriers through plastic arts or other forms.
The personal interests of citizens reflected in their portraits are the protection objects of portrait rights in our laws. It includes spiritual interests and property interests based on the personality interests embodied in portraits.
The above is the relevant content of the consequences of infringement of portrait rights. From the above, we can see that the right to portrait is our birthright, and each of us has our own rights such as the right to name and portrait, and no one can infringe upon it. Respecting others' portrait rights means respecting yourself.
Legal objectivity:
Article 10 18 of the Civil Code of People's Republic of China (PRC) * * * Natural persons have the right to make, use, disclose or permit others to use their portraits according to law. Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc. Article 10 19 of the Civil Code of People's Republic of China (PRC) * * No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.