149. The infringer shall bear civil liability if he embezzles or uses another person's name to deceive or fool others by means of letters or telegrams, thus causing damage to other people's property and reputation.
150. If a citizen's right to name, portrait, reputation and honor is infringed upon, or a legal person's right to name, reputation and honor is claimed by a citizen or legal person, the people's court may determine the liability for compensation according to the degree of fault of the infringer and the specific circumstances, consequences and influence of the infringement.
15 1. If the infringer infringes upon another person's right to name, name, portrait, reputation and honor and gains income, the illegal income shall be confiscated in addition to compensating the victim for losses according to law.
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.
Commitment mode
In our country, the main way of liability for infringement of portrait right is civil liability. This kind of civil liability includes stopping the infringement, eliminating the influence, apologizing and compensating for the losses. Among them, stopping the infringement, eliminating the influence and apologizing are non-property liability methods, and compensating for losses is property liability methods. In China's judicial practice, the determination of tort liability is generally as follows: First, taking profit as the purpose and taking profit as the compensation standard. That is to say, no matter whether the circumstances are serious or not, whether it is profitable or not, as long as the purpose of illegal use is profit and the owner of the portrait demands compensation, the infringer must bear the liability for compensation. Secondly, for the non-profit infringement of portrait rights, that is to say, the determination of compensation for spiritual interests of infringement of portrait rights is based on "serious circumstances". If the circumstances are minor and have not caused serious consequences, material compensation is generally not awarded.