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Does coding infringe on the right of portrait after shooting?
Does coding infringe on the right of portrait after shooting? Infringement of portrait rights 1, mosaic is to prevent infringement and cover up portraits. 2. In general news reports, mosaics are used to avoid infringement. 3. If the mosaic can still correspond, it is still infringement. 1. The act of using the portrait right without the consent of the portrait right holder and without hindrance. The act of using a portrait without the consent of the portrait owner is also called "improper use of another person's portrait". The legal provisions on the right of portrait in China's civil law are basically aimed at "improper use" of the right of portrait. This improper use can be divided into "for profit" and "for non-profit" illegal use. We can't think that as long as it's not for profit, or with the consent of the portrait owner, we can use the portrait of a citizen at will without making a profit. This understanding is one-sided. Article 10 19 (2021.1. Effective) stipulates: "Without the consent of the portrait owner, the owner of the portrait work may not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting." This kind of infringement is limited to: "for the purpose of making profits, use its portrait in advertisements, trademarks, window decorations, etc." Without the consent of citizens. " Article 995 Where the right to personality is infringed, the victim has the right to request the actor to bear civil liability in accordance with the provisions of this Law and other laws. The limitation of action does not apply to the victim's right to stop the infringement, remove the obstruction, eliminate the danger, eliminate the influence, restore his reputation and apologize. In the non-profit use of other people's portraits without their consent, only the behavior with the reason to stop the infringement is legal. Such as news reports, "wanted orders" issued by public security organs to arrest criminal suspects, and so on. Portrait right, like name right, is an exclusive right. The possession, use and disposal of personal portraits can only be owned by citizens themselves, and no one else can enjoy them without their consent. The act of infringing on the right of portrait is not to use the portrait of a citizen for profit, but to disrespect the exclusive right of a citizen to his portrait. Therefore, for whatever purpose, reproduction, dissemination, exhibition, etc. Citizens' right to portrait should be recognized by citizens, otherwise it will constitute an infringement of the right to portrait. 2. Making portraits of others without authorization (including having photos of others). The act of creating and possessing portraits (photos) of others without my consent. Portrait is the external expression of citizen's "personality", and only I have the right to decide whether to reproduce my image. Whether portrait works are made (filmed) for public publication or possession does not affect the composition of infringement of portrait rights. In other words, although it is not used publicly, it also constitutes infringement, such as the photo studio printing the customer's photos privately for preservation. Third, maliciously insult and vilify the portraits of others. That is, the actor maliciously insults, vilifies, defiles, damages or destroys the integrity of other people's portraits. Including altering, distorting, burning, tearing up or hanging upside down other people's photos, this kind of behavior not only constitutes an infringement of the right of portrait, but also often constitutes an infringement of the right of reputation. Infringement of portrait rights requires the parties to give certain social compensation. Therefore, individuals in society should protect their portraits and avoid being assigned by lawless elements to do things that are not conducive to their reputation. Of course, when someone wants to be appointed, he must first understand his intentions and then talk about the price. Portrait is another representative of yourself, and seeing a portrait is equivalent to seeing yourself.