1. The loss caused by infringement of portrait rights is generally mental compensation, which is determined based on the following factors:

(1) The degree of fault of the infringer, unless otherwise provided by law;

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(2) The specific circumstances of the infringement, such as the means, occasion, mode of conduct, etc.;

(3) The consequences of the infringement;

(4) The infringer’s Profitability;

(5) The infringer’s financial ability to bear liability;

(6) The average living standard in the location of the court where the suit is filed.

2. The contents of portrait rights include:

(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. Portrait right is a kind of personality right enjoyed by natural persons with the content of personal interests reflected in their own portrait. Works that use photography or plastic arts to reflect the image of a natural person, including facial features. Portrait right is a kind of personality right, which is the right of a natural person to make and use the portrait.

Legal portraits are an integral part of a natural person’s personality, and the spiritual characteristics embodied in the portrait can, to some extent, transform or derive citizens’ material interests. The law protects the portraits of citizens on the basis that the portraits reflect the citizens’ spiritual interests and personality interests in many aspects.

According to the regulations of the People's Republic of China on the right of portrait, the right of portrait is the basic right of citizens. No one may use or insult his or her portrait without the consent of the individual. The police reserve the right of use. If the victim's portrait is used without authorization, negotiation can be carried out first. If the victim refuses to revoke it, he or she can sue in accordance with the law and apply for judicial protection to safeguard his or her legitimate rights and interests. Article 100 of my country's "General Principles of Civil Law" stipulates that "citizens enjoy the right of portrait and may not use a citizen's portrait for profit-making purposes without the consent of the citizen." It can be seen that to constitute an infringement of a citizen's portrait right, there should usually be two things: Essential 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 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, the use of a citizen's portrait for advertisements and trademarks without his consent , decorating shop windows, etc. should be considered as 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.

To sum up, this behavior does not constitute an infringement of portrait rights.