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Journalists can't take photos for commercial purposes without the permission of the parties concerned. If they take photos by force, they will infringe on the portrait rights of the parties concerned.

Article 111 of China's General Principles of Civil Law stipulates that "citizens have the right to portrait, and they shall not use their portraits for profit without their consent." From this, it can be seen that an act that constitutes a violation of citizens' portrait rights usually has two elements:

1. Without my consent;

2. For profit.

Portrait right is a kind of personality right enjoyed by natural persons, which focuses on the personal interests embodied in their portraits. Portrait rights include the right of citizens to own their own portraits, the exclusive right to make portraits and the exclusive right to use them, and the right of citizens to prohibit others from illegally using their own portraits or damaging or tarnishing their portraits.

Portrait right simply means that the owner of portrait right can dispose of his own portrait right freely, and have the right to prohibit others from using his exclusive portrait without his consent under the condition of making profits.

Extended information:

Portrait owners' rights:

Portrait owners have exclusive rights to their own portraits. Portrait owners can freely dispose of their portrait rights, and 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 ownership means that citizens have the right to own their own portraits. Without the permission of a citizen, no one else may own the portrait of the citizen or damage the portrait of the citizen.

the right to make portraits 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, they must obtain the right to make portraits from the portrait person.

Baidu Encyclopedia-Portrait Right

Baidu Encyclopedia-Chinese People * * * and General Principles of the Civil Law

Answered on September 7, 2119

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It's illegal for us to take photos of others and put them on the Internet or in newspapers, isn't it? What about the reporter?

The main contents of citizens' portrait right include the right to reproduce and use the portrait. The acts that infringe on the portrait right include: reproducing the portrait of others without permission, using the portrait of others without permission, distorting and vilifying the portrait of others. However, there are some reasonable restrictions on the protection of the portrait right, and the principles followed are in line with the national interest principle, the social public interest principle and the portrait owner's own interest principle. Common situations are as follows: 1. Portraits of relevant people are used in news reports; 2. The state wants to use portraits of natural persons for performing official duties or holding specific activities for national interests. 3. Using the portraits of participants for recording or publicizing specific public activities; 4. Using the portraits of others to a certain extent and within a certain scope for scientific research and educational purposes; 5. Using their portraits for the interests of portrait owners. There are four major elements of infringement: 1. Subjectively, there is intentional existence; 2. There is damage; 3. There is a causal link between damage and damage; if the above four elements are symbolized, it constitutes infringement. We should bear corresponding legal responsibilities. Therefore, it is necessary to take photos of others and put them on the Internet, depending on whether this behavior has any damage to the portrait holder. If it does, it constitutes an infringement. However, the shooting of journalists is mostly within reasonable limits, which is formed because of their special occupation. Therefore, it is generally not recognized as infringement. However, if the reporter's shooting behavior causes serious damage to the photographer, he should also bear tort liability.

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Isn't it illegal for a reporter to take any photos?

It's not illegal for a reporter to take any photos, but it's illegal for a reporter to publish photos of people without his consent.

So is Hou Yuanyou Yan

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