Is it illegal for others to use my photo as a WeChat avatar?

It is also an infringement to use photos without other people’s permission.

Article 100 of my country's "General Principles of Civil Law" stipulates, "Citizens enjoy the right of portrait, and citizens' portraits may not be used for profit without the consent of the citizen." It can be seen that any act that constitutes an infringement of a citizen's portrait rights The behavior should usually meet two requirements: first, without the consent of the person; second, for the purpose of profit. Common infringements on citizens’ portrait rights include using other people’s portraits for commercial advertising, product decoration, book covers, and printed calendars for profit-making purposes without the consent of the individual. For infringement of portrait rights, the victim can stop it on his own, such as requesting the surrender of the film taken, removing the public display of the portrait, etc. The victim can also request the offender to stop the infringement, eliminate obstacles, eliminate the impact, or compensate for losses according to the law. The right to claim compensation for losses does not require property damage.

Other laws and judicial interpretations also make some corresponding provisions on the infringement of portrait rights. Article 139 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the "General Principles of Civil Law" stipulates: For the purpose of profit, without the consent of citizens Using his or her portrait for advertisements, trademarks, window decorations, etc. should be considered an infringement of a citizen's portrait rights. In addition, maliciously damaging, defiling, or besmirching a citizen's portrait, or using a citizen's portrait to carry out personal attacks, etc., is also an infringement of portrait rights. How can I delete someone who uses my photo as a WeChat avatar?

Warn him and ask him to delete your photo, otherwise he has violated your right of portrait. You can sue him if someone else uses my photo. WeChat avatar, how to complain about infringement conditions

First, without the consent of the person, second, for the purpose of profit

To constitute an infringement of portrait rights, the following should be met There are two requirements: first, there must be an act of using the portrait, and second, there must be no consent from the portrait owner or no legitimate reason. Specifically, the infringement of portrait rights includes the following types of behaviors: (1) Using the portrait of the right holder for profit without the consent of the portrait right holder; (2) Although the purpose of making profit is not for profit, but without the consent of the portrait right holder, Display, disclose, display, copy, distribute, etc. the portrait of the right holder with consent;

You can sue him directly

If you are serious? Please consult the relevant person . What should I do if someone uses my photo as a WeChat avatar?

Generally, some familiar people use your photo as a profile photo. You can warn them and ask them to change it;

If People who are not familiar with each other can ask the other party to change their avatar. Is it an infringement of portrait rights if someone uses my wedding photos as a WeChat avatar?

Hello!

According to Article 100 of the "General Principles of the Civil Law", "Citizens enjoy the right of portrait and may not use a citizen's portrait for profit without the consent of the citizen." Therefore, if your portrait is used for profit, If your avatar is used for profit, then it is certainly an infringement of portrait rights, and you can ask for an end to the infringement, compensation for losses, etc.; and if your avatar is used not for profit, but without your consent, then it should also be an infringement of your personality rights. If it is an infringement, you still have the right to ask the other party to stop using it.

Whether it is "for profit" is not the only prerequisite and requirement for determining whether there is an infringement of citizens' portrait rights, but is only an important factor in determining the extent of infringement liability.

Asking more specific questions will allow for more detailed answers. Hope this helps. Is it illegal for others to use my WeChat avatar to chat with others?

Of course it is not illegal, unless my photo is used as a WeChat avatar to defraud someone, unless there is a violation of portrait rights. What should I do if?

The following two types of situations are considered infringements by individual WeChat users, and you can file a complaint against infringement by individual WeChat users:

1. An individual’s name, privacy, portrait, reputation, copyright and other rights have been infringed by individual WeChat users ;

2. The name, trade name, trademark, reputation, copyright and other rights of the organization or institution are infringed by individual WeChat users.

If someone else's WeChat avatar uses my photo without my consent, is it considered an infringement of other people's portrait rights?

If your avatar is used for profit, it shall be an infringement of portrait rights, and you can request to stop the infringement, compensation for losses, etc.; if your avatar is currently used for no profit, but Without your consent, it is also an infringement of your personality rights, and you also have the right to ask the other party to stop using it. According to Article 100 of the General Principles of the Civil Law, "Citizens enjoy the right of portrait, and citizens' portraits may not be used for profit without the consent of the citizen."

There are three types of infringement of portrait rights: Situation:

1. "Profit-making" must meet two conditions at the same time: First, the use of another person's likeness without the consent of the person; Second, the act is for profit-making and infringes upon the rights of the person. The right of portrait of others means that the user subjectively hopes to obtain economic benefits through the use of the portrait of others. However, the so-called "making a profit" does not mean that there must be actual profit-making as we usually understand it. As long as there is a subjective intention to make a profit and there is an objective profit-making behavior, regardless of whether the actor achieves the purpose of making a profit, it constitutes an actual matter of "making a profit".

2. Anyone who infringes another person’s right of portrait (right of reputation, right of honor) in any form shall also bear legal responsibility: that is, the offended person has the right to ask the infringer to stop the infringement, restore reputation, eliminate the impact, Apologize and compensate for losses. It can be seen that if the use of another person's portrait without the permission of the portrait right holder without profit-making causes actual damage to the portrait right holder, such as causing mental damage to the portrait right holder, the user will also constitute an infringement (portrait copyright infringement). rights) responsibilities.

3. Although the portrait right holder agrees to use his or her portrait, the user has exceeded the scope, area, and time limit of use permitted by the portrait right holder. This situation does not require actual damage to the portrait right holder to constitute infringement liability. Of course, this situation generally falls under the liability for breach of contract.