The determination method of infringement of portrait rights is as follows:

1. The infringement of portrait rights is without the consent of the person;

2. For the purpose of profit, for profit For the purpose of using citizens’ portraits for advertisements, trademarks, window decorations, etc. without their consent, it should be considered an infringement of citizens’ 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.

The main way to assume responsibility for infringement of citizens’ portrait rights is civil liability. If the infringer refuses to stop the infringement, the victim can file a lawsuit in court. If it has a negative impact on the victim or causes losses, the victim may also request a public apology and compensation for the losses. The civil liability methods include stopping the infringement, eliminating the impact, making an apology, and compensating for losses. Among them, stopping the infringement, eliminating the impact, and making an apology are non-property liability methods, and compensating for losses is a property liability method.

Legal basis: Article 1019 of the "People's Republic of China and Civil Code"

No organization or individual may defame, slander, or use information technology to Infringe on the portrait rights of others through forgery or other means. Without the consent of the portrait right holder, the portrait of the portrait right holder shall not be produced, used, or disclosed, unless otherwise provided by law.

Without the consent of the portrait right holder, the right holder of the portrait work shall not use or disclose the portrait of the portrait right holder in any manner such as publishing, copying, distributing, renting, or exhibiting.