In the process of online marketing brand optimization services, the laws related to portrait rights may be used in some cases. This article has made some legal excerpts. The "General Principles of Civil Law" on laws related to portrait rights, which are listed in Articles XNUMX and XNUMX It is clearly mentioned in the ten articles that if you use your own likeness for profit without your consent, you can ask the party concerned to stop the infringement immediately, make an apology, and eliminate a series of bad influences. , and compensate for the losses caused to him.
Laws and Regulations
Article XNUMX of the "General Principles of the Civil Law of the People's Republic of China" stipulates: "Citizens have the right to portrait, and without their consent, no citizen's portrait may be used for profit."
Article XNUMX 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, for the purpose of profit, the use of their portraits for advertisements, trademarks, and window decorations without the consent of citizens shall be deemed as infringement. Acts of Citizens' Portrait Rights.
Article XNUMX 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 without the consent of the citizen for the purpose of profit shall be deemed as an act infringing upon the citizen's right to portrait.
Article XNUMX, Paragraph XNUMX of the Law on the Protection of Women's Rights and Interests stipulates that: without the consent of the individual, no one shall use advertisements, trademarks, exhibition windows, newspapers, periodicals, books, audio-visual products, electronic publications, the Internet, etc. Forms use portraits of women.
Article XNUMX of the Interpretation of the Supreme People's Court on Several Issues Concerning Determining Liability for Compensation for Compensation for Mental Damage in Civil Torts (hereinafter referred to as the "Judicial Interpretation for Compensation for Mental Damage") stipulates that if a natural person suffers illegal infringement due to his portrait, he has the right to file a lawsuit in a people's court for a request for spiritual damage. penalty for damages. Article XNUMX of the "General Principles of the Civil Law of the People's Republic of China" stipulates that if a citizen's right to name, portrait, reputation, or honor is infringed, he has the right to demand that the infringement be stopped, restore his reputation, eliminate the impact, and make an apology. compensation.
Contents of portrait rights
Exclusive rights to portrait production
Photography is the whole process of converting the image of a natural person into a portrait by fixing the appearance of a natural person on a film, photographic paper or other material carrier through photography.
Portrait production exclusive rights include:
First, the person with the right to portrait has the right to decide to make a portrait of himself or to have someone else make his own portrait according to his own needs or the needs of others and society, and no one else may interfere;
Second, portrait rights holders have the right to prohibit others from making their own portraits without their consent or authorization.Illegally making a portrait of another person constitutes a tort.The understanding in the strict sense should be: whether the exclusive right of portrait production is infringed depends on whether the producer has obtained the permission of the owner of the portrait right when making it. Infringing the direct interests of the owner of the portrait right also constitutes an infringement of the exclusive right to make portraits.For photographers, as long as you hold a camera at a natural person for portrait photography, if the owner of the portrait rights does not agree to take pictures forcibly, it is a kind of infringement.
Exclusive rights to use the likeness
Once a portrait is fixed on a certain material carrier (made), it is independent of the world and can be dominated and used by people.Although the use value of portraits is of universal significance, the only person who enjoys the exclusive right to use the portraits is the rightful owner of the portraits.
Its basic content is:
XNUMX. A natural person has the right to use his own portrait in any way, and obtain spiritual satisfaction and property gains through the use, and others shall not interfere (but shall not violate the law and public order and good customs).
XNUMX. A natural person has the right to allow others to use his or her likeness, and decides to receive remuneration from it (this requires equal consultation with the user and signing a portrait use contract).
XNUMX. Natural persons have the right to prohibit others from illegally using their own likenesses.
It can be seen that the right to portrait can be spiritually satisfied, and one can apply for a claim for spiritual damages when defending the rights…
Protection of Portrait Interests
Portrait interests are the exclusive personal interests of citizens, and others may not interfere or infringe.
mainly reflects in:
XNUMX. Citizens have the right to prohibit others from making their own portraits without their permission;
XNUMX. Citizens have the right to prohibit others from using their own likenesses without permission;
XNUMX. Citizens have the right to prohibit others from damaging, defacing, vilifying and distorting their own portraits.The general principles are as follows: citizens have the right to agree or disagree with their own image representation on objective material media and in space; citizens have the right to use their own likeness, allow others to use their own The right to prohibit others from using your own likeness.
Therefore, the portrait right, as one of the basic rights of citizens, is protected by the general principles of our country's civil law.However, the infringement of portrait rights does not reach the point where the infringer commits a criminal offence, but everyone should note that the key to the identification of portrait rights infringement is that there is a profit purpose.
Regarding the dissemination of other people's portraits in the news, it should generally not constitute infringement, and it may be necessary to study the specific circumstances in detail.
The above regulatory information found from the Internet is for learning purposes only.
Extended thinking: There is no relevant law on the portraits of foreigners and foreigners. Can this be understood as watching behind closed doors?