Does taking photos and posting them on the website violate the right to portrait? 1. First, see if it is for profit, 2. Without my consent. It's not necessary.
Then he violated your portrait right.
Does this violate the right to portrait? 1 Is it commercial? If there is, it is regarded as infringement.
Article 100 Citizens have the right to portrait. Without his consent, his portrait shall not be used for profit. "the Supreme People's Court on implementation
139. for the purpose of making profits, citizens' portraits are used in advertisements, trademarks, window decorations, etc. Without the consent of citizens, it is regarded as an act of infringing on citizens' portrait rights.
Is there any insult or slander? If there is serious infringement, criminal responsibility can also be investigated.
Article 101 Citizens and legal persons enjoy the right of reputation, and the personal dignity of citizens is protected by law. It is forbidden to damage the reputation of citizens and legal persons by insulting or slandering.
"the Supreme People's Court on implementation
140. Anyone who discloses others' privacy in written or oral form, or fabricates facts to publicly vilify others' personality, and damages others' reputation by insulting or slandering others, thus causing certain influence, shall be deemed as an act of infringing citizens' right to reputation.
Whoever slanders or slanders the reputation of a legal person in written or oral form, thus causing damage to the legal person, shall be deemed as an act of infringing the reputation right of a legal person.
Does putting other people's portrait oil paintings on the website infringe on portrait rights? See what kind of person you draw and what purpose you draw,,,
Have you obtained the consent of others, taken their interests as your own, and done anything related to damaging the reputation and image of others?
This is against the law.
Portrait owners are not only free to dispose of their own portrait rights, but also have the right to prohibit others from using their exclusive portraits without their consent. If someone takes the initiative to take pictures or make statues for the portrait person, he must obtain the right to make portraits from the portrait person.
Tort liability law:
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Portrait right:: baike.baidu./view/105845. wtp=tt
Pictures posted on the Internet contain strangers. Is it a violation of people's portrait rights? No, because his photos are not used for commercial purposes.
I didn't slander anyone.
There are strangers in the news pictures. Do you want to ask for permission one by one? !
Does the cartoon image infringe the right of portrait? Without the consent of the other party, it shall.
Portrait right is a kind of personality right enjoyed by natural persons, and its content is the personal interests embodied in their portraits. A work that reflects the image of a natural person, including the five senses, through photography or plastic arts. Portrait right is a kind of personality right, the right of natural person to make portraits and the right to use standard forms. Legal portrait is an integral part of the personality of a natural person, and the spiritual characteristics embodied in the portrait can transform or derive the material interests of citizens to a certain extent. The legal protection of citizens' portrait right is based on the portrait right, which reflects citizens' spiritual interests and personality interests in many ways. You can also draw a portrait oil painting for your family, children, friends and lovers.
The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. Generally has the following legal characteristics:
1. Portrait is an artistic expression of the appearance of a natural person.
Usually, when we judge whether the external image of a character constitutes a portrait, we should look at it in combination with its shape and position.
First of all, characters should have portrait characteristics. First, its manifestation is to reflect the image of a specific citizen through photography; Second, the portrait must also reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. Third, the portrait must be true and controversial, and celebrities can know whose portrait it is at a glance.
Secondly, it must be the fact of a concrete portrait of a citizen. Portraits of citizens should occupy a prominent position in the whole image and be represented as concrete objects, not as foil; At the same time, the purpose is not to achieve the goal through the use of portraits.
2. Portrait has the property of things.
Portrait is an artistic representation, which should be fixed on a specific material carrier (such as photographic paper, TV screen, newspapers and magazines, etc.). ) specifically and independently. It is an objective visual image derived from and independent of the portrait owner, which can be dominated, controlled and disposed of by people and has certain property interests.
3. Portrait is the object of portrait right, which shows the unique personality interests of natural persons.
The so-called "property interests" do not come from the physical characteristics of natural persons themselves, but from the personality interests generated by portraits, which reflect different needs of personality interests. The legal protection of natural person's portrait right is actually the need to protect personality interests.
The so-called "portrait right" is a kind of personality right exclusive to natural persons. The legal significance is: the inviolable exclusive right of natural persons to copy their images (portraits) on objective material carriers through plastic arts or other forms.
Citizens' personal interests reflected in their portraits are the objects of protection of portrait rights in China's laws. It includes spiritual interests and property interests based on the personality interests embodied in portraits.
Does collecting photos of others violate the right to portrait? Not if it is not used for commercial purposes.
Does mobile phone recording infringe on portrait rights? This is not infringement.
Article 100 of the General Principles of the Civil Law stipulates that "citizens have the right to portrait, and their portraits shall not be used 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.
Simply put, it is used for profit without permission. See Baidu Encyclopedia "Portrait Right" for details.
Whether the company violates the right to portrait, asking for help is not an infringement of the right to portrait.
Article 100 of the General Principles of the Civil Law stipulates that citizens have the right to portrait, and their portraits shall not be used for profit without their consent.
The company's practice is to let customers supervise employees, not for profit. Infringement that is not stipulated by law.
Does * * * infringe on personal portrait rights? Please, great gods, I personally think that the right to portrait is not counted, and privacy is a bit involved, but minor infringement does not involve loss of interests. Even if it constitutes infringement, it can only ask the other party to stop the infringement, apologize and eliminate the influence.