Plaintiff: Zhuo Xiaohong, female, 24 years old, employee of Chongqing Jiulong Clothing Company in Sichuan Province.

Defendant Sun, male, 42 years old, is an employee of advertising product photography department of Chongqing Photography Company in Sichuan Province.

Defendant: Chongqing Dairy Company.

1986165438+1On October 25th, the People's Court of Central District of Chongqing, Sichuan Province accepted the case of plaintiff Zhuo Xiaohong v. defendant Sun and Chongqing Dairy Company for infringement of portrait rights. It was found through trial that:

1April, 983, when the plaintiff Zhuo Xiaohong went to the advertising photography department of Chongqing Photography Company to take a photo of his life, the defendant Sun asked Zhuo Xiaohong to take another photo. Zhuo agreed, but suggested that samples can only be placed at the business counter. 1May, 985, the defendant Yang Xx was an employee of Chongqing Dairy Company, and accepted the labeling task of the redesigned "Multi-dimensional Malt Cream" bottle, and found the color photo of Zhuo Xiaohong's silhouette displayed on the counter of the advertising photography department of Chongqing Photography Company. On June 9 of the same year, Sun took advantage of his position and directly negotiated with Sun that Chongqing Dairy Company would pay Sun RMB to buy the Zhuo sample. Yang processed Zhuo Xiaohong's prototype (plus 1 hand and 1 glass cup) into a trademark-style bottle, and then gave it to Sun to remake it into a reverse film. Chongqing Dairy Company delivered the reverse film to the printing house for printing 492,000 bottles of "multi-dimensional malt extract" and put the products with the above trademarks on the market one after another. 1In July, 986, after discovering that his image was used as a trademark, Zhuo Xiaohong protested to Sun and Chongqing Dairy Company, demanding to stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the economic losses. Due to disagreement between the two parties, Zhuo Xiaohong filed a lawsuit with the Central District People's Court of Chongqing.

The People's Court of the Central District held that Article 100 of the General Principles of the Civil Law of People's Republic of China (PRC) stipulates: "Citizens shall have the right to portrait, and their portraits shall not be used for profit without their consent." Sun and Chongqing Dairy Company, without Zhuo Xiaohong's consent, sold and printed other people's portraits as trademarks for the purpose of making profits, which is an act of infringing on other people's portrait rights. According to Article 120 of the General Principles of the Civil Law, citizens who have been infringed on their portrait rights have the right to demand to stop the infringement, restore their reputation, eliminate the influence, make an apology, and demand compensation for losses. Sun and Chongqing Dairy Company should bear civil liability for infringement. In the face of facts and laws, both defendants admitted that the infringement was true and apologized to Zhuo Xiaohong. Mediated by the Central District People's Court. After mediation, both parties reached the following agreement on June 5438+0987+1October 8:

1. The "Multi-dimensional Malt Cream" label based on Zhuo Xiaohong's portrait printed by Chongqing Dairy Company stopped using immediately, and all the remaining 400,362 labels that were not put on the market were destroyed;

2. Sun compensated Zhuo Xiaohong for her economic loss 150 yuan, and Chongqing Dairy Company compensated Zhuo Xiaohong for her economic loss/300 yuan.

The acceptance fee for this case is 30 yuan, which shall be borne by Chongqing Dairy Company, 20 yuan and Sun 10 yuan.

2 \ At 9: 30 am yesterday, Peking University students, who have attracted much attention from all walks of life, sued Jianbo for violating the portrait right of his alma mater, Chengdu Aviation Middle School (hereinafter referred to as Chengdu Aviation Middle School), and the case was formally heard in the Longquanyi District People's Court of Chengdu. After a day of fierce confrontation between the prosecution and the defense, the court finally found the defendant guilty of violating the portrait right of Peking University student Xiang Jianbo in Chengdu Airlines. The court demanded that the defendant immediately stop the infringement of the plaintiff and submit a written letter of apology to the plaintiff within two days after the judgment came into effect. At the same time, Chengdu Airlines must pay Jianbo 3000 yuan for spiritual comfort.

Plaintiff: Unauthorized use of photos infringes on portrait rights.

Because Xiang Jianbo is currently studying at school, he did not attend today's trial in person. Xiang Jianbo's father Xiang attended the trial as an agent accompanied by a lawyer.

Xiang said that in June last year, he found Xiang Jianbo's name and head on the special page of advertising enrollment in a newspaper in Longquanyi District. In May of this year, he learned that his son's name and head photo appeared on the school website, and repeated representations with the school failed. Xiang thinks that the school uses the image of his son for publicity without the consent of himself and his parents, which infringes on his son's portrait right and demands that the infringement be stopped immediately. He also said that his son was only admitted to the pre-medical major of Peking University Academy of Life Sciences, but the school lied that Jianbo was studying for a master's degree, which was a very irresponsible profit-making behavior.

Defendant: Is it also an infringement to show the honor of the school?

The school's agent believes that the school did remake Xiang Jianbo's head from the archival materials as a publicity for the school. These propaganda activities are positive, healthy and beneficial, which not only set an example for Xiang Jianbo, but also inspired other students to study hard. More importantly, Xiang Jianbo's admission to Peking University is not only the result of his personal efforts, but also the result of the hard training of his school teachers. It is not only a personal honor, but also an achievement and honor of the school. It is natural to show the honor of the school. It is not a commercial activity, nor is it for profit. No harm to students, no infringement.

Judgment: The alma mater's infringement not only apologizes but also loses money.

At about 4: 30 pm, the trial ended. After the trial, the court held that whether for profit or not, the school used and made its head portrait for publicity without Xiang Jianbo's consent, which did not belong to the category of proper use and was an act of infringement of portrait rights, so the above judgment was made.