But if it is used for commercial purposes, it constitutes infringement without consent. Portrait right refers to the specific personality right enjoyed by natural persons to make, use, disclose and permit others to use their own portraits with the personal interests embodied in their own portraits as the content.

The contents of portrait right include:

1, the right to make, the right holder can make his own portrait through various artistic expressions according to his own wishes, such as taking a selfie;

2, the right to use, the right holder decides how to use his portrait according to his own wishes, such as self-appreciation;

3. Right of publicity, the obligee has the right to decide whether and how his portrait can be made public according to his own wishes;

4. To license others' right to use, the obligee can negotiate with others, sign a portrait license contract, and allow others to use their own portraits.

As a kind of personality right, portrait right has two important characteristics besides its absoluteness and specificity: the subject of portrait right can only be a specific natural person, and compared with other types of personality right, portrait right has more property interests.

Article 10 18 of the Civil Code of People's Republic of China (PRC) * * * Natural persons have the right to make, use, disclose or permit others to use their portraits according to law.

Portrait is the external image of a specific natural person that can be recognized on a certain carrier through images, sculptures, paintings, etc.

Article 109 No organization or individual may use information technology to defame, damage or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law.

Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.

Article 1020th The following acts can be carried out reasonably without the consent of the portrait owner:

(1) Using the public portrait of the portrait holder within the necessary scope of personal study, art appreciation, classroom teaching or scientific research;

(2) Inevitably making, using and publicizing the portrait of the portrait holder for the purpose of news reporting;

(three) the state organs to perform their duties according to law, within the necessary scope to make, use and publicize the portrait of the obligee;

(4) Inevitably making, using or making public the portrait of the obligee in order to show the specific public environment;

(5) other acts of making, using or publicizing portraits of portrait owners in order to safeguard public interests or the legitimate rights and interests of portrait owners.

Article 102 If the parties have disputes about the understanding of the terms of portrait use in the license contract for portrait use, they shall make an explanation in favor of the owner of the portrait.

Article 1022 If the parties have not agreed or clearly agreed on the license period for portrait use, either party may terminate the license contract for portrait use at any time, but it shall notify the other party before a reasonable period.

If the parties have clearly agreed on the duration of portrait license, and the owner of the portrait has justified reasons, he may terminate the portrait license contract, but he shall notify the other party before a reasonable period. If the termination of the contract causes losses to the other party, it shall compensate for the losses, except for reasons not attributable to the portrait holder.