count. From a legal point of view, it is infringement. Because using other people's original pictures without permission has already constituted infringement. But if you only use it as your own avatar and mobile phone wallpaper, and don't use it as a means of profit, you can still use it. Under the following circumstances, you can use a work without permission and without paying remuneration to the copyright owner, but you should indicate the name of the author and the name of the work: for personal study, research or appreciation, you use a published work of others; In order to introduce and comment on a work, appropriately quote the published works of others in the work. Using other people's photos as headshots, as long as they are used normally and not for profit, should not constitute an infringement of portrait rights. If the portrait of another person is used for profit or not without the permission of the portrait owner, and the actual damage is caused to the portrait owner, the user shall be liable for infringement (portrait right). Portrait right refers to people's right to reproduce, use and exclude others' infringement of their own portraits, which is a kind of personality right that people enjoy with the personal interests embodied in their own portraits as the content. Portrait right is the basic right of citizens, and no one may use or insult his portrait without his consent. The police have the right to retain the right to use. If the portrait of the victim is used without authorization, it can be negotiated first. If it refuses to be revoked, it can be prosecuted according to law, apply for judicial protection and safeguard its legitimate rights and interests.

what are the conditions that must be met at the same time to constitute infringement?

(1) using portraits of others without my consent;

(2) It is an act for profit, which infringes on the portrait right of others, that is, the user subjectively hopes to obtain economic benefits by using the portrait of others. However, the so-called "profit-making" is not what we usually understand. As long as there is subjective intention and objective profit-making behavior, it constitutes a "profit-making" fact regardless of whether the actor realizes the profit-making purpose. Anyone who infringes on another person's portrait right (reputation right and honor right) in any form shall bear legal responsibility, that is, the infringed person has the right to ask the infringer to stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the losses. For the purpose of making profits, using the portrait of a citizen as an advertisement, trademark, window decoration, etc. without the consent of the citizen shall be regarded as an act of infringing on the right of the citizen's portrait.

Legal basis:

Article 22 of the Copyright Law

Under the following circumstances, you can use a work without permission and without paying remuneration to the copyright owner, but you should indicate the name of the author and the title of the work, and you must not infringe upon other rights enjoyed by the copyright owner according to this law:

(1) Use a published work of others for personal study, research or appreciation;

(2) appropriately quoting other people's published works in order to introduce and comment on a work or explain a problem;

(3) In order to report current news, it is inevitable to reproduce or quote published works in newspapers, periodicals, radio stations, television stations and other media;

(4) newspapers, periodicals, radio stations, television stations and other media publish or broadcast current articles on political, economic and religious issues that have been published by other newspapers, periodicals, radio stations, television stations and other media, unless the author declares that publication and broadcasting are not allowed.

Article 118 of the Civil Code of the People's Republic of China

A natural person has the right to portrait, and has the right to make, use, make public or permit others to use his own portrait according to law. Portrait is an external image of a specific natural person that can be recognized on a certain carrier through images, sculptures and paintings.

Article 119th

Negative power of portrait rights No organization or individual may infringe upon the portrait rights of others by uglifying, defacing or forging by means of information technology. Without the consent of the portrait owner, the portrait of the portrait owner shall not be made, used or made public, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner may not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.