Doesn’t count.

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 their consent."

It can be seen from this that , an act that constitutes an infringement of a citizen’s right to portrait should usually meet two requirements:

First, it is without the person’s consent; second, it is for profit.

Common infringements on citizens’ portrait rights mainly 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.

The content of portrait rights includes:

(1) Citizens have the right to own their own portraits and have the exclusive right to produce and use the portrait.

(2) Citizens have the right to prohibit others from illegally using their portrait rights or damaging or tarnishing their portrait rights.

1． Exclusive right to produce portraits

As far as photography is concerned, it is the entire process of fixing the appearance of a natural person on a film, photographic paper or other material carrier through photography, so that the image of a natural person is transformed into a portrait.

The contents of the exclusive rights of portrait production include: First, the portrait right holder has the right to decide to make his or her own portrait or have his or her portrait produced by others according to his or her own needs or the needs of others or society, and no one else is allowed to do so. Interference; second, the portrait right holder has the right to prohibit others from making his or her own portrait without his consent or authorization. Illegal production of portraits of others constitutes infringement.

When understanding the "right of portrait production", we often think that as long as the portrait of the portrait owner is not disclosed, it does not constitute an infringement. This is a misunderstanding of the law. In a strict sense, the understanding should be: whether the exclusive right to create a portrait is infringed depends on whether the producer has obtained the permission of the owner of the portrait right at the time of production. Production without permission - even for the purpose of private collection, will not Infringement of the direct interests of the portrait owner also constitutes infringement of the exclusive right to create portraits. As a photographer, as long as you point the camera at a natural person and take a portrait, if the portrait owner does not agree and forcibly takes the photo, it is an infringement.

2． Exclusive right to use portrait

Once the portrait is fixed on a certain material carrier (produced), it becomes independent from the world and can be controlled and used by people. Although the use value of a portrait has universal significance, only the owner of the portrait right has the exclusive right to use it. Its basic contents are:

First, natural persons have the right to use their own likeness in any way, and obtain spiritual satisfaction and property gains through use, and others are not allowed to interfere (but must not violate the law and public order and good customs) . Second, a natural person has the right to allow others to use his or her likeness and decide to receive remuneration from it (this requires equal negotiation with the user and signing of a likeness use contract). Third, natural persons have the right to prohibit others from illegally using their likenesses.

3. The right to protect portrait interests

Portrait interests are the exclusive personal interests of citizens and cannot be interfered with or infringed upon by others. The content is: 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 own portraits without permission; third, citizens have the right to prohibit others from damaging, defiling, or damaging their own portraits. Deflate and distort. The general principle is: citizens have the right to reproduce their own images - the right to agree or disagree with the reproduction of their own images on objective material media and space; citizens have the right to use their own likenesses and the right to allow others to use their own images. image, and the right to prohibit others from using their image.

Extended information:

Using the "Ge You Lie" emoticon package infringes on portrait rights:

On online platforms such as Weibo and WeChat, various official WeChat accounts and public accounts It is very common for articles to use actors' stills to create "emoji packs", both photos and animated graphics, to heighten the atmosphere and attract readers. The Haidian District People's Court of Beijing heard the case of actor Ge You suing Yilong for infringement of portrait rights by using the "Ge You Lying" stills on the official Weibo account.

Elong.com was sued for using "Ge You Lie" on Weibo

Ge You is a well-known actor in my country. He once played the role of Ji Chunsheng (second gangster) in the TV series "I Love My Family". The character's characteristics are laziness, cheating, cheating on food and drink. The character's relaxed image of completely slumping on the sofa in the play was called "Ge You Lying" and became a hot word on the Internet in 2016.

Elong.com is a well-known tourism information service website.

On July 25, 2016, elong.com published a picture of "Ge You Lying" on its official Sina Weibo account "Elong Travel Network", adding lines to each picture in the form of pictures and lines. The subtitles, by introducing "Ge You Lie", substitute hotel reservations related to the website business.

Ge You believes that Yilong.com processed and used his portrait without authorization, which has obvious commercial attributes and can easily make many viewers and consumers mistakenly believe that he is the spokesperson of Yilong.com or has a relationship with the website. A certain cooperative relationship has caused him to suffer many misunderstandings from the outside world. He requested the court to order Yilong to make a public apology and compensate for economic losses of 400,000 yuan and reasonable rights protection expenses of 10,000 yuan.

The court held that:

A portrait is a visual image that reproduces the appearance of a natural person on a material carrier through art forms such as painting, photography, and film. Portrait rights refer to the right of natural persons to reproduce, use or permit others to use their own portraits.

The carriers include portraits, life photos, stills, etc. Stills involve characters played by performers in film and television works. When the general public associates the performance image with the performer's real appearance and characteristics, the performance image is also part of the portrait, and the copyright and portrait rights related to the film and television works are not the same. No conflict.

The "Ge You Lying" look in "I Love My Family" has indeed formed a unique Internet title and has certain cultural connotations. However, when the general public sees this look, it not only associates it with the play and characters, but also Inevitably linked to Ge You himself, this representation also constitutes the content of Ge You's portrait, and is not completely non-portraitlike as Yilong.com claims.

Even if the look has become a hot spot on the Internet, merchants should not make obvious commercial use of the relevant pictures, otherwise it will still constitute an infringement of portrait rights.

Reference materials: Baidu Encyclopedia-Portrait Rights

Reference materials: People's Daily Online-Using the "Ge You Lie" emoticon pack infringes portrait rights