The contents of portrait right include:
(1) Citizens have the right to their own portraits and the exclusive right to make and use portraits.
(2) Citizens have the right to prohibit others from illegally using their portrait rights or to damage or defile their portrait rights.
1, exclusive right of portrait production
As far as photography is concerned, it is the whole process of fixing the appearance image of a natural person on film, photographic paper or other material carriers through photography and transforming the image of a natural person into a portrait.
The exclusive right to make portraits includes: first, the portrait owner can decide to make his own portrait or let others make his own portrait according to his own needs or the needs of others and society, and no one can interfere; Second, the portrait owner has the right to prohibit others from making their own portraits without their consent or authorization. Illegally making portraits of others constitutes infringement.
When we understand the "portrait right", we often think that as long as the portrait of the portrait owner is not open, it does not constitute infringement, which is a misunderstanding of the law. Strictly speaking, it should be understood that whether the exclusive right to make portraits is infringing depends on whether the producer has obtained the permission of the portrait owner when making them. If it is produced without permission-even for the purpose of possession, it will not infringe on the direct interests of the portrait holder, so it also constitutes an infringement of the exclusive right to portrait production. As far as the photographer is concerned, as long as you aim the camera at a natural person to take a portrait, if the portrait owner disagrees, it is infringement.
2. The exclusive right to use the portrait right
Once a portrait is fixed on a material carrier, it is independent of the world and can be dominated and used by people. Although the use value of portrait is of universal significance, only the owner of portrait can enjoy its exclusive right. Its basic content is:
First, natural persons have the right to use their portraits in any way, and obtain spiritual satisfaction and property benefits through their use, and others shall not interfere (but shall not violate the law and public order and good customs). Second, natural persons have the right to allow others to use their portraits and decide to get paid for them (this requires equal consultation with the users and signing a portrait use contract). Third, natural persons have the right to prohibit others from illegally using their portraits.
3. The right to protect the interests of portraits
Portrait interests are the exclusive personal interests of citizens, and no one else may interfere or infringe upon them. The contents are as follows: first, citizens have the right to prohibit others from making their own portraits without their permission; Second, citizens have the right to prohibit others from using their portraits without permission; Third, citizens have the right to forbid others to damage, defile, vilify or distort their portraits. The general principles are: the right of citizens to copy their own image-the right to agree or disagree to copy their own image in objective material media and space; Citizens have the right to use their own portraits, to allow others to use their own portraits, and to prohibit others from using their own portraits.
main feature
1. The subject of portrait right can only be a natural person. Only natural people have the right to portrait and the right to portrait. Legal persons or other social organizations do not have the right to portrait because there is no objective "portrait" that can independently reflect their appearance. The "corporate image" of a legal person does not refer to a person's portrait, but refers to the comprehensive situation and social evaluation of the legal person's operation, scale, management, benefit, reputation and product quality. )
2. Portrait right also has a kind of property interest, which is derived from the personality interest of the portrait right holder. It allows the portrait owner to transfer the portrait right to a certain extent, and allows others to make and use their own portraits, and get the due use value from them.
3. Portrait right is also a marked personality right, which is grassroots. The basic function is to identify personality by appearance and image, so as to identify every specific natural person. (And the right to name is to identify personality through written symbols).
form of expression
Portrait right is one of citizens' personality rights, which is mainly manifested in two aspects: first, citizens have the right to own their portraits and have the right to prohibit others from maliciously defacing their portraits or using their portraits for profit without their permission; Second, they have the right to agree with others to shoot and sketch my portrait for free or paid, and ask for judicial protection.
However, the legal protection of portrait right is different in different countries. Most countries include it in the scope of copyright (such as the Federal Republic of Germany and Italy), and a few countries include it in the chapter of personal rights (such as China). There are quite a few national laws that are not expressly stipulated, but they are protected according to the situation in judicial practice (such as Japan and the United States).
In terms of the level of protection, the regulations of different countries are also different. Some countries prohibit unauthorized and illegal photographing of other people's portraits. For example, in Japan, a national railway employee was working and taking a bath in the east area of the national railway yard in 1967, and was found by the railway police staff. The public security personnel wanted to take nude photos of the employee, and the two sides had a dispute and filed a lawsuit with the court. The Tokyo District Court held that the public safety official violated citizens' right to privacy. In this case, the court held: "Although it cannot be said that the right of portrait has been established in substance in China, as one of the national rights protected by the Constitution, citizens have the right to take photos or publish at will without consent ...";
Other countries stipulate that others may not use it without permission. For example, Italian law stipulates that "portraits shall not be displayed, copied or sold without the consent of the portrait owner", except for the needs of justice, public safety and scientific education. , which involves the public interest; There are also some countries that protect portrait rights as similar property income rights. Because of the different protection modes of portrait right, the theoretical research in this field is more active. [ 1]
Identification standard
Article 100 of China's General Principles of Civil Law stipulates that "citizens have the right to portrait and may not use their portraits for profit without their consent." It can be seen that the behavior that constitutes a violation of citizens' portrait rights usually has two elements: first, without their consent; The second is for the benefit. The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent. The victim can stop the infringement of portrait rights by himself, for example, demanding to hand over the film he shot and removing the portrait from public display. You can also request the actor to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.
Other laws and judicial interpretations have also made some corresponding provisions on the infringement of portrait rights. Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law stipulates that my portrait shall be used for advertisements, trademarks, window decorations, etc. for the purpose of making profits. Without the consent of citizens, it should be regarded as an act of infringing on citizens' portrait rights. [2] In addition, maliciously damage, defile, and vilify citizen portraits, or use citizen portraits for personal attacks. It is also an infringement of the right to portrait.
Main rights
Portrait owners have exclusive rights to their own portraits. Portrait owners are not only free to dispose of their own portrait rights, but also have the right to prohibit others from using their exclusive portraits without their consent. Specifically, the content of portrait right includes portrait ownership, production right and use right.
Portrait right means that citizens have the right to own their own portraits. Without the permission of a citizen, no one else may own or damage the portrait of the citizen.
Portrait right refers to the right to decide and implement portraits, that is, the right to decide whether and how to make portraits.
Portraits can make their own portraits, such as self-portraits and self-paintings. You can also entrust others to make it, such as a photo studio or studio. If someone takes the initiative to take pictures or make statues for the portrait person, he must obtain the right to make portraits from the portrait person.
The right of portrait in the legal sense includes the personal interests enjoyed by the owner of portrait based on his portrait. Generally has the following legal characteristics:
1. Portrait is an artistic expression of the appearance of a natural person.
Usually, when we judge whether the external image of a character constitutes a portrait, we should look at it in combination with its shape and position.
First of all, characters should have portrait characteristics. First, its manifestation is to reflect the image of a specific citizen through photography; Second, the portrait must also reflect the main characteristics of a specific citizen, such as posture, appearance, expression, etc. Third, the portrait must be true and controversial, and celebrities can know whose portrait it is at a glance.
Secondly, it must be the fact of a concrete portrait of a citizen. In the picture, the citizen portrait should occupy a prominent position in the whole image and be represented as a specific object, not as a foil; At the same time, the purpose is not to achieve the goal through the use of portraits.
2. Portrait has the property of things.
Portrait is an artistic representation, which should be fixed on a specific material carrier (such as photographic paper, TV screen, newspapers and magazines, etc.). ) specifically and independently. It is an objective visual image derived from and independent of the portrait owner, which can be dominated, controlled and disposed of by people and has certain property interests.
3. Portrait is the object of portrait right, which shows the unique personality interests of natural persons.
The so-called "property interests" do not come from the physical characteristics of natural persons themselves, but from the personality interests generated by portraits, which reflect different needs of personality interests. The legal protection of natural person's portrait right is actually the need to protect personality interests.
The so-called "portrait right" is a kind of personality right exclusive to natural persons. The legal significance is: the inviolable exclusive right of natural persons to copy their images (portraits) on objective material carriers through plastic arts or other forms.
The personal interests of citizens reflected in their portraits are the protection objects of portrait rights in our laws. It includes spiritual interests and property interests based on the personality interests embodied in portraits.
Main limitation
(1) When politicians, movie stars, sports stars and other public figures appear in public, they are not allowed to object to others taking pictures;
(2) Participants in processions, demonstrations and public speeches shall not object to others taking photos of the above activities because their activities are public;
(3) People with special news value shall not object to reporters taking photos in good faith. Such as particularly lucky or unfortunate people, parties to major events or people present. , all belong to this situation.
(4) A criminal suspect shall not object to judicial personnel taking photos for the purpose of judicial evidence.
(5) The exclusive right to portrait refers to the right to use portraits to mark and commend oneself, that is, the right to decide whether to use portraits and how to use them. No one can use his portrait without his consent.
Commitment mode
In our country, the main way of liability for infringement of portrait right is civil liability. This kind of civil liability includes stopping the infringement, eliminating the influence, apologizing and compensating for the losses. Among them, stopping the infringement, eliminating the influence and apologizing are non-property liability methods, and compensating for losses is property liability methods. In China's judicial practice, the determination of tort liability is generally as follows: First, taking profit as the purpose and taking profit as the compensation standard. That is to say, no matter whether the circumstances are serious or not, whether it is profitable or not, as long as the purpose of illegal use is profit and the owner of the portrait demands compensation, the infringer must bear the liability for compensation. Secondly, for the non-profit infringement of portrait rights, that is to say, the determination of compensation for spiritual interests of infringement of portrait rights is based on "serious circumstances". If the circumstances are minor and have not caused serious consequences, material compensation is generally not awarded. [3]
exceptional case
On the Protection of Actor's Portrait Right in Stills
Following the controversy that the famous actor Benchang You's stills of "Jigong" were used for profit, many movie stars and singers from all over the country complained or negotiated through lawyers. If the stills of a movie star, known to all ages, are used in advertisements by a winery, their entrusted lawyers complain to the court for protection; A group of singers' stills were used in a costume design book, and the singers signed a book.
Is the portrait right of actor's stills protected by law? There are different opinions in the legal field. One view is that the play should be owned by the copyright owner, and there is no portrait right of the actor. Others think that the right to portrait of stills should be owned by actors and directors. Another view is that even for-profit drama creation does not constitute an infringement of the actor's portrait right, because the actor only expresses a specific artistic image in the stills and cannot claim his own portrait right; There is also a view that different situations should be distinguished for stills. Actors who play special roles (such as Mao Zedong, Zhou Enlai, Sun Yat-sen, etc.). ) can't claim the portrait right of his stills, but actors who play non-special roles should be protected because they have no specific prototype characters, and their stills reflect the same characteristics as the actors themselves. This paper agrees with the latter view. First of all, for the stills of actors who play non-special roles, the artistic image is inseparable from the image of the actors themselves, and the masses also recognize that the two are integrated, which conforms to the unique appearance and basic characteristics of citizen portraits and should be protected by law. In the early 1960s, the chief judge of the famous Lugosi lawsuit in the United States once said: "Actors who play fictional portraits can be protected by law." The case created a vivid artistic image because the famous movie star bela lugosi played the role of Earl in a film. After his death, this image was widely used by popular T-shirts and billboards at that time. Therefore, Lugosi's son and widow appealed to the court and won the case. Secondly, judging from the legislative principles of the protection of portrait rights in China, it is mainly to exclude others from using portrait rights for profit and stop unjust enrichment. The balance of law should be more inclined to the actor's claim on the portrait right of stills and the claim of factories and business circles that stills enter the commodity market and make profits for them, so as to protect the rights of the former. The interests of the latter can be realized through consultation with the former. Of course, stills also involve the legal relationship of copyright and the contractual relationship between actors and directors. Generally speaking, if the copyright owner and other rights holders of stills use stills as advertisements for the promotion and introduction of the play, there is no infringement problem. [ 1]
On the Protection of the Portrait Right of Human Works of Art
The "Oil Painting Body Art Exhibition" caused a sensation in Beijing, but the case that the model sued the organizer of the exhibition shocked the whole country. The lawyer entrusted by the model believes that the organizer's behavior has obviously violated the right of portrait and reputation, so the organizer and related personnel are required to apologize and pay economic compensation.
Should the portrait rights of models (especially body art models) be protected by law? It has caused great controversy in the legal and artistic circles. One view is that the portrait right of body art models is not protected by law. The main reason is that as a concrete figure of a human body art work, it is no longer the main body of the original model, but no longer the portrait of the model created by the artist. From an artistic point of view, human body art is essentially different from ordinary photographic works or traditional portraits. The contract between the model and the painter itself has the effect of permission (such as exhibition, making picture books, etc.) ); Another view is that the portrait rights of body art models should be protected by law. There are many forms of body art painting. For those works that are mainly realistic, they directly and truly reflect the basic characteristics of model portraits, and it is not difficult for the public to distinguish them. Based on China's specific national conditions and customs, we should consider protecting the portrait rights of models in such works. Other models are employed by relevant units, mainly serving the sketch practice of painters and students. However, if the contract between the two parties does not include public exhibition, let alone for-profit exhibition or publication, the relevant units and personnel should obtain the permission of the model before exhibiting such works.
At present, most countries in the world generally do not protect the portrait rights of models serving for painting art photography, even if the characteristics of models themselves are fully exposed. The reason why art is not protected is mainly because the interests of the public exceed those of the individual. At the same time, most countries include portrait rights in the scope of copyright protection, that is, consider the principle of "copyright priority". The author believes that due to the different national conditions and judicial systems in China, the starting point for the protection of portrait rights should also be different. We can't all take an unprotected attitude towards body art in the near future. First of all, the display of body art should consider the reputation and social influence of models. For example, Italian law stipulates: "Portraits may not be exhibited or sold when they may damage the reputation or dignity of the portrait person." That is, from the perspective of portrait reputation right; Secondly, for-profit exhibitions should be strictly restricted. There is a question of commercial justice and credit. We can't say that the portraits of such works will promote the prosperity of the socialist commodity economy and the healthy competition in the commodity market, so we can use such works without restriction. The author thinks that there is no contradiction between the development of China body art and the protection of model portrait rights. China's "General Principles of Civil Law" stipulates that the act of using it for profit without the consent of the portrait person constitutes infringement. If it is used with the consent of the portrait owner or for non-profit purposes, it does not constitute infringement. Therefore, strengthening the management in this area, raising the awareness of the legal system and perfecting relevant systems are the best measures to put an end to such disputes. At present, the Supreme People's Court has made specific provisions according to the different situations of such problems, which is the direct basis for our courts to properly handle such disputes. [4]
Protection of portrait right
After the implementation of the General Principles of Civil Law [5], one party appealed to the court, claiming that his father's portrait was used in advertisements by self-employed individuals, requesting the court to order the self-employed individuals to stop the infringement, apologize and compensate for mental losses.
After the death of a citizen, can his portrait right be violated and can his family members ask for legal protection? In this regard, there are different views in trial practice. One view is that our country's laws stipulate that a citizen's capacity for rights ends when he dies, and the right of portrait, as a citizen's personal right, should also disappear naturally with the death of a citizen. Therefore, the right of portrait cannot be protected by law as the right of portrait; Another view holds that the right to portrait should be protected by law, on the grounds that the customs in China have their own characteristics, and the interests of the deceased and their families are inseparable in a sense. Therefore, if the portrait of the deceased is used for advertising or other insulting purposes without the consent of the family members of the deceased, the family members will naturally fight, but the time limit for protecting the portrait rights remains to be studied.
This paper agrees with the first opinion in principle, that is, portraits cannot be protected by infringing on their rights. But not all portrait rights are not protected by law. First of all, if the copyright of the portrait belongs to the deceased, the legal heir of the deceased has the right to inherit the copyright of the portrait after his death, and has the right to sue when others use it without authorization, but this is only from the perspective of copyright infringement. As stipulated in paragraph 2 of Article 60 of the Copyright Law of the Federal Republic of Germany; "Ordered painted portraits have the same rights, and their rights after death belong to their families. This solves the problem of protection period, that is, the protection period of copyright law is also the protection period of this kind of portrait right; Secondly, if the portrait is slandered or defamed, which affects the reputation of his family members, the family members of the deceased (mainly heirs) can sue the court for infringement of his reputation. For the above reasons, the reputation of parents will have a certain impact on their children (and vice versa). Therefore, we can give necessary judicial protection to the ugliness of portraits and play a positive role.
In addition to the above three special cases, because the portraits of national government officials and celebrities are used for profit, the protection of portrait rights should be different from the infringement of general civil rights. In this regard, the judicial system of most countries adopts "non-protectionism". In addition, for the needs of justice, public security and other work, the portrait owner can't claim the protection of the portrait right even if he charges a certain fee. [6]
Related maintenance
The Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation)
149. The infringer shall bear civil liability if he embezzles or uses another person's name to deceive or fool others by means of letters or telegrams, thus causing damage to other people's property and reputation.
150. If a citizen's right to name, portrait, reputation and honor is infringed upon, or a legal person's right to name, reputation and honor is claimed by a citizen or legal person, the people's court may determine the liability for compensation according to the degree of fault of the infringer and the specific circumstances, consequences and influence of the infringement.
15 1. If the infringer infringes upon another person's right to name, name, portrait, reputation and honor and gains income, the illegal income shall be confiscated in addition to compensating the victim for losses according to law.
139. for the purpose of making profits, citizens' portraits are used in advertisements, trademarks, window decorations, etc. Without the consent of citizens, it is regarded as an act of infringing on citizens' portrait rights.
[analysis note]
When a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, apologize and compensate for the losses. Therefore, if the right of portrait is infringed, citizens have the right to ask the infringer to stop the infringement, eliminate the influence, apologize and compensate for the losses. If the infringer ignores it, the citizen can bring a lawsuit to the court and ask the court to force the infringer to stop the infringement, eliminate the influence, restore his reputation, apologize and compensate for the losses. Portrait owners have the right to claim compensation for mental losses for acts that infringe on portrait rights for non-profit purposes; For the act of infringing on the right of portrait for profit, the right holder of portrait has the right to demand compensation from the infringer for both mental damage and economic damage.
civil liability
The principle of determining that the right to portrait has been violated
There are certain principles to determine that the right to portrait has been violated. According to China's General Principles of Civil Law, as long as these three requirements are met, civil liability that constitutes infringement of portrait rights can be identified: First, the occurrence of damage facts. For example, after the victim's portrait right is infringed, the victim's reputation, status and identity are hit, which brings mental pain, mainly reflected in the fact that the possibility of the portrait owner obtaining property benefits from his portrait is reduced, including direct losses and indirect losses, including mental damage and material damage. 2. The infringer is subjectively at fault (including intention and negligence). That is, if there are acts prohibited by laws and regulations in photography activities and illegally infringe on the portrait rights of others, it can be considered that there is a fault. 3. There is a causal relationship between the damage facts and the tort. This causal relationship must be an inherent, essential and inevitable connection between the photographer's behavior and the damage result.
Situation in photography activities
Strictly speaking, in photography activities, as long as there is one of the following circumstances, it can be considered as infringement of the portrait rights of others.
1. The act of using the portrait right without the consent of the portrait right holder and without hindrance.
The act of using a portrait without the consent of the portrait owner is also called "improper use of another person's portrait". The legal provisions on the right of portrait in China's civil law are basically aimed at "improper use" of the right of portrait. This improper use can be divided into "for profit" and "for non-profit" illegal use. We can't think that as long as it's not for profit, or with the consent of the portrait owner, we can use the portrait of a citizen at will without making a profit. This understanding is one-sided. Article 100 of China's General Principles of Civil Law stipulates: "Citizens have the right to portrait, and their portraits shall not be used for profit without their consent." Article 139 of "Opinions of the Supreme People's Court on Several Issues of Implementation (Trial)" defines this kind of infringement as "making advertisements, trademarks, decorating windows, etc. with citizen portraits for profit." . Article 120 stipulates: "If a citizen's right to name, portrait and reputation is damaged, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology and claim compensation for the losses."
In the non-profit use of other people's portraits without their consent, only the behavior with the reason to stop the infringement is legal. Such as news reports, "wanted orders" issued by public security organs to arrest criminal suspects, and so on.
Portrait right, like name right, is an exclusive right. The possession, use and disposal of personal portraits can only be owned by citizens themselves, and no one else can enjoy them without their consent. The act of infringing on the right of portrait is not to use the portrait of a citizen for profit, but to disrespect the exclusive right of a citizen to his portrait. Therefore, for whatever purpose, reproduction, dissemination, exhibition, etc. Citizens' right to portrait should be recognized by citizens, otherwise it will constitute an infringement of the right to portrait.
2. Making portraits of others without authorization (including having photos of others).
The act of creating and possessing portraits (photos) of others without my consent. For a photographer, it is the act of taking pictures of others.
Portrait is the external expression of citizen's "personality", and only I have the right to decide whether to reproduce my image. Whether portrait works are made (filmed) for public publication or possession does not affect the composition of infringement of portrait rights. In other words, although it is not used publicly, it also constitutes infringement, such as the photo studio printing the customer's photos privately for preservation.
Third, maliciously insult and vilify the portraits of others.
That is, the actor maliciously insults, vilifies, defiles, damages or destroys the integrity of other people's portraits. Including altering, distorting, burning, tearing up or hanging upside down other people's photos, this kind of behavior not only constitutes an infringement of the right of portrait, but also often constitutes an infringement of the right of reputation.
To sum up, in photography practice, there are three situations that often constitute infringement of portrait rights:
In recent years, there seem to be more and more reports of so-called infringement of "portrait right". Why? There are many reasons, but there are three points to sum up: first, photographers don't understand the law; Second, photographers intentionally infringe on people's portrait rights for the purpose of "making profits"; Third, the photographer does not understand the legal significance of the right to portrait. As long as he sees his portrait in the newspaper, he will sue for compensation.
1, "for profit" must meet two conditions at the same time: first, use the portrait of others without my consent; Second, the profit-making behavior infringes on the portrait rights of others, that is, users subjectively hope to obtain economic benefits by using portraits of others. However, the so-called "profit" is not what we usually understand. As long as there is subjective intention and objective profit-making behavior, whether the actor realizes the profit-making purpose or not, it constitutes a "profit-making" fact.
2. Anyone who infringes on another person's portrait rights (reputation rights and honor rights) in any form shall also bear legal responsibilities: 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. Visible, without the permission of the portrait owner, not for the purpose of profit, if it causes actual damage to the portrait owner, such as mental damage to the portrait owner, the user also constitutes tort (portrait right) responsibility. In judicial practice, there are also many cases of defacing, uglifying and distorting citizen portraits for the purpose of not making profits.
From the above, it can be clearly seen that "for profit" is not the only premise and requirement to determine whether there is an infringement of citizens' portrait rights, but only an important plot to determine the size of tort liability.
3. Although the portrait owner agrees to use his portrait works, the users are beyond the scope, area and time limit permitted by the portrait owner. This situation does not need to cause actual damage to the portrait holder, which constitutes tort liability. Of course, this situation generally belongs to the liability for breach of contract.
How to maintain
Master the content of portrait right
According to the law, the content of citizens' portrait right is: (1) portrait right. Whether to convert an image into a portrait depends on the portrait owner. Without consent or acquiescence, no one else may make a portrait of the portrait owner. At the same time, the portrait owner has the right to prevent others from making their own portraits without authorization. (2) Portrait right. That is, the portrait holder has the right to transfer the portrait with others for use with or without compensation according to the agreed purpose. (3) Portrait ownership. Citizens can have their own portraits and can save and collect their own portraits. (4) the right to portrait maintenance. When others illegally use their own portraits or damage, defile or vilify their own portraits, citizens have the right to ask the actor to stop the infringement and bear corresponding civil liabilities.
The basis for the determination of infringement of portrait right
The act of infringing the right to portrait should have the following two elements: one is to use the portrait, and the other is to use the portrait without the consent of the portrait owner or without justifiable reasons. Specifically, there are the following kinds of violations of portrait rights: (1) using the portrait of the obligee for profit without the consent of the obligee; (2) displaying, making public, displaying, copying or distributing the portrait of the obligee without the consent of the obligee, although it is not for profit; (3) Using the portrait of the obligee without the permission of the obligee; (4) using the portrait of the obligee beyond the geographical scope permitted by the obligee; (5) Using the portrait of the obligee within the time limit without the permission of the obligee.
The boundary of tort
According to mainland laws and regulations, under certain circumstances, public portraits can be used without the consent of the portrait owner because of public interests: (1) Public portraits can be used; (two) using the portraits of people who participated in demonstrations, assemblies and garden activities for publicity and reporting; (3) Using portraits of citizens for proper supervision by public opinion; (four) the use of criminal photos because the criminal suspect is wanted or reported to be sentenced; (five) the use of his photos for the benefit of the right to portrait; (six) the use of citizen portraits by state organs for the implementation and application of laws; (seven) the use of citizen portraits as evidence; (eight) for the purpose of scientific research, culture and education, using portraits of others in a certain range.
How to maintain after being infringed?
Article 120 of the General Principles of Civil Law stipulates: "When a citizen's right to name, portrait, reputation and honor is infringed, he has the right to demand to stop the infringement, restore his reputation, eliminate the influence, make an apology and compensate for the losses." Therefore, if the right of portrait is infringed, citizens have the right to ask the infringer to stop the infringement, eliminate the influence, apologize and compensate for the losses. If the infringer ignores it, the citizen can bring a lawsuit to the court and ask the court to force the infringer to stop the infringement, eliminate the influence, restore his reputation, apologize and compensate for the losses. Portrait owners have the right to claim compensation for mental losses for acts that infringe on portrait rights for non-profit purposes; For the act of infringing on the right of portrait for profit, the right holder of portrait has the right to demand compensation from the infringer for both mental damage and economic damage.
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