Using photos without others' permission is also an infringement. Article 100 of China's General Principles of Civil Law stipulates that "citizens have the right to portrait and may not use their portraits for profit without their consent." It can be seen that the behavior that constitutes a violation of citizens' portrait rights usually has two elements: first, without their consent; The second is for the benefit. The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent. The victim can stop the infringement of portrait rights by himself, for example, demanding to hand over the film he shot and removing the portrait from public display. You can also request the actor to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.
Other laws and judicial interpretations have also made some corresponding provisions on the infringement of portrait rights. Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of Civil Law stipulates that citizen portraits should be used in advertisements, trademarks, window decorations, etc. for the purpose of making profits. Without the consent of citizens, it should be regarded as an act of infringing on citizens' portrait rights. In addition, maliciously damage, deface, and vilify citizen portraits, or use citizen portraits for personal attacks. , also belongs to the infringement of portrait rights.