According to legal and judicial interpretation. For the purpose of making profits, citizen portraits are used as advertisements, trademarks, window decorations, etc. Without the consent of citizens, it is regarded as an act of infringing on citizens' portrait rights.
In addition, if it is maliciously destroyed, defiled, vilified, or used for personal attacks, it is also an act of infringement of portrait rights.
The following are judicial interpretations and legal provisions.
1. 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: for the purpose of making profits, using my portrait as an advertisement, trademark, window decoration, etc., without the consent of citizens, shall be regarded as an act of infringement of 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.
Two. General Principles of Civil Law of People's Republic of China (PRC)
Article 100 Citizens shall enjoy the right to portrait, and shall not use their portraits for profit without their consent.