Citizens have the right to portrait, and their portraits shall not be used for profit without consent. The public welfare nature of medical popularization and the legal rights of citizens should be equally protected by law. It may not be illegal to use citizen portraits in a certain range for the purpose of saving lives, but writing words on photos to publicize the treatment effect of hospitals is beyond the scope of medical popularization. The production and use of portraits have many economic purposes, and the defendant's hospital violated the right of portraits of the parties.

The specific methods for judging the infringement of others' portrait rights are as follows:

1. Using the portrait of others without my consent shows that the infringer does not respect the personal interests of the portrait of others, and his behavior undermines the personal exclusiveness and integrity of the portrait of others. If his portrait is used with his consent, it does not constitute an infringement of the right to portrait;

2. Infringement of portrait rights must be for profit. Profit-making refers to the use of someone's portrait to attract customers, promote goods, or directly make or copy portraits into goods for sale. Using other people's portraits for profit without other people's consent not only damages the personality of the obligee, but also damages the obligee's right to obtain material benefits because others use their portraits for commercial activities, which is not allowed in law. For example, without my consent, the photo studio does not give the negatives to customers or put the artistic portraits of customers in the window to attract customers, which is an infringement of citizens' portrait rights;

3. Some of them belong to the rational use of other people's portraits and do not constitute infringement. For example, using other people's portraits for public welfare purposes, such as promoting someone's advanced deeds, using photos of advanced people in newspapers, TV stations and movies, and taking photos and videos of other people's portraits without permission in news reports and wanted fugitives and criminals. Find people, reveal secrets, publish photos, etc. If a citizen's right to portrait is infringed, the citizen may ask the infringer to stop the infringement, apologize and compensate for the losses. If the infringer ignores it, citizens can bring a lawsuit to the court.

To sum up, citizens' personal medical records, physical defects, health status, etc. It belongs to the category of personal privacy. Without the permission of citizens, any illegal collection, disclosure, publication and dissemination are violations of citizens' privacy. Therefore, hospitals use patients' photos for publicity, which constitutes portrait infringement.

Legal basis:

Article 158 of Provisions of the Supreme People's Court on Several Issues of Implementation (for Trial Implementation).

Then it summarizes the specific judgment of "for profit", that is, it does not require profit facts, but only uses portraits to "advertise, make trademarks, decorate windows, etc." , it is regarded as "for profit". In other words, advertising, window decoration, etc. It is a typical behavior of using portraits for profit.

Article 160

Anyone who discloses others' privacy in written or oral form, or fabricates facts to publicly uglify others' personality, damages others' reputation by insulting or slandering, and causes certain influence, shall be deemed as an act of infringing citizens' right to reputation.