Without this consent, the company's practice of using portraits for non-profit purposes may constitute an infringement of portrait rights. Article 100 of the General Principles of Chinese Civil Law stipulates that citizens have the right to portrait, and they can use their portraits for profit without their consent. Article 120 of the General Principles of the Civil Law of China stipulates that if a citizen's right to name, portrait, reputation and honor is infringed, he shall be required to stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the losses. Portrait right Portrait understands the artistic significance from the same angle (or photography) Portrait refers to reappearing the material carrier of portrait right through artistic means such as painting and photography. The legal meaning of the portrait right of an ornamental modeling work includes the legal characteristics of the portrait right based on the interests enjoyed by its portrait: 1. Portrait art is to judge whether the external image of the object is displayed from the reproduction of the external image. Portraits should be viewed in combination with their forms of expression. First of all, the image of the object must have portrait characteristics, that is, photography should reflect the image of a specific citizen; Portrait must reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. Portrait painting must be really controversial and well known, and it is necessary to know who painted it. The fact of citizen portrait should occupy the main position of the whole image, and the specific image should be used as a foil; Use the portrait of the same eye to achieve goal 2. Portraits have material properties. The reproduction of portrait art should be concrete, independent and fixed. Specific material carriers (photographic paper, TV screens, newspapers and magazines, etc.). ) comes from the independence of portrait right from portrait right. The objective visual image can be dominated and controlled and has fixed property interests. 3. The object of portrait right shows special interests. The so-called property interests do not stem from the appearance itself. Based on the interests of portrait production, the interests of the same family are reflected, and the right to self-portrait is given to protect the actual interests. The so-called portrait right belongs to the right of self-portrait. Legal significance: Self-help plastic arts or its formal objective material carrier reproduce the self-image (portrait) that infringes on citizens' exclusive rights. China's laws stipulate that the protection of portrait rights includes personal interests, spiritual interests and property interests based on portraits: 1, the subject of portrait rights can own portraits and their portrait rights or their social organizations can independently reflect their appearance because of their objectivity (corporate image refers to the comprehensive situation and social evaluation of portrait management, scale, management, benefit, credit and product quality). 2. Portrait right has three kinds of property interests, which are related to the distribution of portrait right. Portrait rights are allowed to be transferred within a certain range. The right of portrait is allowed to make and use self-portraits and obtain their due use value. 3. Portrait right, species identification and personality right basically act on the appearance identification grid. By distinguishing each specific self (name right, character symbol identification grid), the content of portrait right: 1 The exclusive right to make portraits means to take photos from appearance, fixing film, photographic paper or its material carrier, so as to transform self-image into portraits. The exclusive right to make portraits includes: the right to decide whether to make or interfere with self-portraits according to social needs; The right to portrait prohibits taking selfies without my consent or authorization. Non-making portraits constitutes infringement. Understand the right to portrait. I misunderstood the right to portrait. Strictly speaking, it should be understood that whether the exclusive right of portrait right is infringed depends on whether the portrait right is obtained or not-even if the private eye infringes on the direct interests of the portrait right, the exclusive right of portrait right is isomorphic. Photography says it is necessary to take portraits with a camera. Portrait right agrees to take pictures by force. Infringement 2 Portrait Use Exclusive Right. Portrait uses a fixed material carrier (production) to make it independent of the world. Although it has universal use value, it enjoys the exclusive right to use the portrait. Its basic content is: the right to use self-portrait in any way, and satisfy the interference of property income with spirit (violating the law, public order and good customs). Allow the use of self-portraits and decide the right to get paid (it is necessary to sign an equal portrait use contract with the user). The right to safeguard the interests of portraits. The right to interfere with the infringement of citizens' interests. Civil rights prohibit unauthorized use of selfies; (3) The principle that citizens' rights prohibit self-portraits from being damaged, defiled or defiled is distorted: citizens' right to reproduce their self-image-the right to agree or agree with the objective material media space to reproduce their self-image; Civil rights use selfies, allowing the right to use selfies, and prohibiting the use of selfies to infringe on the right to portrait. The principle of identifying infringement of portrait rights should meet three conditions according to the general principles of our country: identifying civil liability for infringement of portrait rights; identifying civil liability for infringement of portrait rights according to the general principles of our country. The mental pain caused by the attack on one's status and identity is mainly reflected in the right to portrait. The reduction of the ability to obtain property benefits from his portraits includes direct losses and indirect losses, as well as material losses caused by mental damage. 2. Subjective error of infringement (including intentional loss) means that photography is correct, and infringement of portrait rights is prohibited. 3. The relationship between the damage fact and the infringement line must be the relationship between the photographer's behavior and the damage. Strictly speaking, photography should be listed according to the infringement of portrait rights. Without hindrance, but in violation of the reasons, the portrait line is used without the consent of the portrait owner, and the portrait line is called the use of portrait. The Law on Portrait Rights stipulates the use of basic needle portraits. Use area: it is one-sided to use citizen portraits for profit, not for profit, not for profit, or without the consent of the portrait owner. Article 100 of the General Principles of Civil Law of People's Republic of China (PRC) stipulates that citizens have the right to portrait without their consent. Article 139 of the Opinions on Implementing Several Issues (for Trial Implementation): Infringement restriction: using portraits in advertisements, trademarks, window decorations, etc. for the purpose of making profits. Article 120 stipulates that if a citizen's right to name, portrait and reputation is damaged, he shall demand to stop the infringement, restore his reputation, eliminate the influence, make an apology and demand compensation. Only when portraits are used for non-profit purposes without such consent can news reports be merged. Public security organs arrest suspects, issue arrest warrants, and so on. The right to portrait and the right to name have exclusive rights, and the place of use can be owned by the public. People's offices can enjoy the right to infringe on the right of portrait without their consent. For the purpose of profit, the use of citizen portraits is to respect the exclusive rights of citizens. For what purpose, citizens' portraits should be copied, disseminated and exhibited, otherwise the right to portrait will be violated. Two, making portraits (including hand-held photos) without their consent is created without their consent. Take a portrait (photo), take a sneak shot. Portrait citizens especially show that they have the right to decide whether to copy their own image. As for the production (shooting) of portrait works, publishing them is privately owned, which affects the infringement of portrait rights, saying that although the public uses isomorphic infringing photo studios to print customers' photos privately and save them. 3. Malicious insults, uglification, defacing, damaging portraits, infringing portraits or destroying the integrity of portraits, including altering, distorting, burning, tearing up or hanging upside down photo lines, only constitute infringement of portrait rights, and often constitute infringement of reputation rights. This paper summarizes three cases of infringement of portrait rights in photography practice: in recent years, the so-called reports of infringement of portrait rights seem to be more and more serious, which I think can be summarized into three types: photography knows the law; Second, photography aims at making profits and deliberately infringes on family portrait rights; Third, the photographer's understanding of the legal significance of the right to portrait depends on seeing the portrait in the newspaper and suing for compensation. 1. two conditions must be met for profit-making purposes: using portraits without consent; Second, the right to portrait is violated for profit, that is, users subjectively hope to obtain economic benefits by using portraits. The so-called profit and the profit I understand are necessary, and the subjective intention is objective. Whether the profit-making purpose is realized or not is a profit-making fact. Second, any form of infringement of the right of portrait (right of reputation and honor) should bear legal responsibility: that is, the infringement requires the infringer to stop the infringement, restore the reputation, eliminate the influence, apologize, compensate for the losses, and see that the use of the right of portrait for the purpose of making profits without the permission of the right of portrait causes actual damage to the right of portrait and mental damage. The practice of the responsible department is the same as the case of defacing, uglifying and distorting citizens' portraits for the purpose of making profits, which clearly shows that making profits is only an important plot to determine the tort liability and a prerequisite to decide whether to infringe citizens' portrait rights. 3. Although the portrait owner agrees to use his portrait works, it is tort liability to restrict the use of species to create actual damage for the portrait owner because it is beyond the permitted scope and the use area. This situation generally belongs to the liability for breach of contract. Bear civil liability for infringement of portrait rights. The main civil liabilities for infringing on the right to portrait include non-property liabilities such as stopping the infringement, eliminating the influence, apologizing, compensating for losses, stopping the infringement, eliminating the influence and apologizing. Property liability is the same as our practice: the standard of compensation for profit is whether the circumstances are serious or not, and the right to portrait needs compensation. Infringement must be liable for compensation. Second, the right to portrait is not infringed for profit, and compensation for spiritual interests is the basic standard for determining the seriousness of the circumstances. Our practice is (mainly) based on some specific circumstances. The public * * * uses its portrait reasonably with the consent of the portrait owner: generally speaking, it uses its portrait without the consent of the portrait owner. In some cases, using the portrait without the consent of the portrait owner constitutes an infringement of the portrait right. It uses portraits to provide defense reasons. The use of reasonable conditions to prevent the use of the portrait without the consent of the portrait owner. Although I have not formulated specific laws and regulations, we have mastered it as a practice: 1, defending family interests requires using portraits of social public objects with news value to report the deeds of family leaders and politicians. The use of public objects has a fixed position and news value. Celebrities from all walks of life often report their deeds from family politics, economy, society, culture, entertainment and other aspects. The use of their portraits should be rational. Protecting the interests of the family requires the use of portraits of social public goods. Celebrities from all walks of life often involve family politics. When reporting his deeds in economy, society, culture and entertainment, and using his portrait, people with news value such as president, politician, diplomat, reporter, inventor, writer, artist, actor, transporter and industrialist should be reasonably used to report using his portrait without his original consent, which constitutes an infringement case. CCTV presided over the trial of Chen Mou public security teacher Li Mou v. Wei Yuan Pharmaceutical Company, that is, the case was tried by Fengtai District People's Court in Beijing on July 5, 2000, and Chen Mou Li Mou Er lost the case. Because the plaintiff Wei Yuan Photography Exhibition took photos, the photos were diluted, and the case was reported to the advertising brochure. Chen and Li admitted that Shaanxi Company had violated their portrait rights, which was recognized by the court of first instance. Li took a group photo as a souvenir. Wei Yuan Photography Exhibition belongs to public welfare, and the technical treatment of photos has not affected the distortion of its main contents. Wei Yuan Company has compiled and published advertising brochures in order to improve corporate visibility and create a good corporate image. There is a direct profit-making purpose and there is no violation of family rules. Every citizen has the right to portrait. The court held that he Li's portrait right had not been violated. 2. Portraits who use special seats on specific occasions participate in various assemblies, processions and ceremonies. Celebrations and other portraits often have news reporting value. Participants gave up their portrait rights to the extent that they explained. Any participating class advocates that their portrait rights should be used in some specific occasions. Portrait right should be an infringement of portrait right. 3. The photographic creation of scenic spots is decorated or photographed and brought into the theme of some occasions. 4. Exercise the right of supervision by public opinion (constitutional provision: citizens' right of supervision), criticize certain civilized behaviors, condemn behaviors or moral behaviors, educate the public to observe discipline and respect social morality, and maintain social order. , announced its civilized behavior, using citizen portraits to destroy social property and pollute the environment. ; 5. Portrait right: its own interests and social public welfare purposes need to use its portrait to find this photo for newspapers and TV advertisements in the Ming Dynasty. 6. Using citizen portraits as evidence in litigation (criminal or civil litigation stage); Public security organs pursue fugitives or their criminal suspects, and use their portraits to make wanted orders. 7. Public security organs use citizen portraits in law enforcement (administrative enforcement); 8. Use portraits within the scope of scientific research, culture and education (mainly referring to social public scope) and use citizen portraits on specific occasions for clinical medical research or professional newspapers and periodicals. I think we should pay attention to several aspects when using citizen portraits at present: (1) Understand the illustrations of articles, and photos with pictures are the same as news photos and photo reports; (2) Standardize the picture description (named works, etc.). ); (3) believe in oral agreement; (4) Carefully use pictures as magazine covers; (5) submission (newspapers and magazines, all kinds of film competitions should pay attention to the use of words and restrictions on works. Sixth, to participate in all kinds of model photography, we should pay attention to the content agreed between the organizer and the model. Seventh, the key is to get the right to portrait. Although the written agreement law has violated citizens' portrait rights, the definition of the use (scope) of photographic works has become increasingly unaffected by interests, especially the infiltration of economic factors. Generally speaking, the principle of legal protection of portrait right in Chinese laws is still relatively comparative. How to define whether the distribution of for-profit news media belongs to profit? The right to use portraits of public goods, especially politicians and entertainment industry; When I deal with photographic portrait works, the definition of the right to use the portrait of the deceased is often not specific. I use some abstract nouns to deal with specific things I meet. It is not difficult to make a profit. As a famous photographer taking portraits of related objects, we should pay more attention to: caution, trust and evidence-three points are very important. I mean, each portrait right needs to use other portrait rights with different consent-insurance (so I specially brought several contracts for Portrait Use and Works of China today, and this agreement is for your reference only. Some questions about the right of portrait: 1. The right to use employee portraits in enterprises is affirmative: no 2. The right to portrait is to take care of face. Every time I look at portraits, the main features of associative recording, the characteristics of species and the important resources of social goods are of great commercial value, especially valued by modern commercial companies (recently TCL mobile phone advertisements invited Korea). The visual image of its body makes the main body of the joint recording method and the main body of the method have obvious characteristics. The vision of his body part belongs to the protection scope of portrait right. Whether to construct a portrait from the face should be judged comprehensively. See the side of the judgment. Or its parts are as familiar as them, it is possible to determine who this section or its parts represent. 3. Experts on the issue of collective photo portrait right know that portrait portrait right is independent, and infringement of portrait right is to claim one's rights according to infringement, but collective portrait right has its own characteristics. Independent portrait collection has the characteristics of independence and homosexuality, and all portrait photos enjoy independent rights; On the other hand, physical collective portraits have their own characteristics (each has the right to claim independently). At present, the practice of our company is that the proportion of specific grid rights such as malicious destruction, pollution or uglification of the use of collective portraits of needles is enough to cover all portrait rights, and it is obvious that their portraits are infringed. Judging whether the use of the right of collective portrait infringes on the right of collective portrait, whether the user of a specific right of portrait is profitable or not, and whether the commercial use should be based on the fact that the legal protection of the right of collective portrait is lower than the theory of the right of portrait: the right of collective portrait is restricted to some extent to ensure the reasonable use limit of all photographers (the law is not perfect at present). 4. Whether taking photos of quarreling behavior constitutes an infringement of portrait rights depends on whether it does not hinder but violates the cause. The shop assistant quarreled with the customer and had a bad attitude. Social benefits depend on the bad attitude of sales staff. Negative phenomena that violate the professional ethics of salespeople, such as reasoning with customers, are disclosed in social progress and interest events. Any citizen has the right to report news, take news photos, and take live photos in the form of news reports, which belongs to the interests of the public and infringes on the portrait rights of salespeople by using the portrait structure. Administrative organs or customs units do not disclose portraits of citizens. A bus stop caught several thefts, and the police school posted their portraits in the shopping mall. During the exposure of photos, it reminds passengers of the reasons for intentional theft. Use photos and thematic photos to post them in public places at will and post them with related text descriptions, resulting in a certain number. This negative evaluation may constitute an infringement of the right to portrait. Even if a crime can be notified by the people's court in accordance with the prescribed procedures, it can be solved through procedures. Administrative punishment stipulates that laws, regulations and rules can set the types and extent of administrative punishment, and its normative documents set the principles of administrative punishment: that is, the administrative organ says that the law does not authorize government organs to do it; The Law on Citizens' Words and Actions does not prohibit citizens from searching all laws, regulations and rules to find public photos of citizens punished by public security organs. The behavior of the public security faction belongs to arbitrary infringement. Known duration of protection for infringement victims: a photo entitled "The Taste of Bankruptcy" (news photo). This photo is accompanied by the caption: photo of Shi Yongjie in the original factory area of Shenyang Explosion-proof Equipment Factory, taken on 1986. This photo was completely criticized after it was published in Bao Qing. 19994 I saw it in newspapers and other media. The author of Shi Yongjie told the hospital that the report was actually downgraded. Defamation of the plaintiff infringes on the plaintiff's right to portrait and reputation. According to the provisions of the General Principles of Civil Law of People's Republic of China (PRC), the people's court is requested to protect civil rights. Phase 2: The right to know or the right to know should not bring a lawsuit to the people's court within 2 years from the date when the right is infringed, that is, you can enjoy the right to request protection from the people's court, that is, the right to win the lawsuit belongs to the office. In fact, Shi Yongjie's lawsuit has gone beyond the legal provisions, and the litigation effect has no right to win. Principle of honesty and credit: I remember that the author of People's Photography wrote an article about how to take a portrait correctly. The secret of the so-called power of attorney is to take a picture of the photographer with a blank sheet of paper. Please leave his name and address and send the photo to the photographer. In fact, the blank paper is folded on the other side to agree to make a statement. General Principles of Civil Law of People's Republic of China (PRC) and this contract are valid. Article 52 of the contract stipulates that the conclusion of the contract by fraud and coercion conforms to the corresponding principles stipulated in the General Principles of the Civil Law of People's Republic of China (PRC): voluntariness, fairness, compensation for equal value, honesty and credibility. The principle of good faith is called the imperial clause, which means that civil servants exercise their rights and perform their obligations in good faith, abuse their rights, harm their interests, and infringe on the interests of families or the public. Benefit 2 Contract interpretation should be based on the principle of good faith, that is, the court or arbitration institution. Contract interpretation should be based on the principle of good faith to determine uncertain liability. Third, the principle of good faith gives the clerk discretion. The so-called imperial clause says that the loopholes in the current law are explained and filled by the principle of good faith. Be smart and know whether you are smart or not.