You and my "face" law to guard

Take my face to make an emoji? Infringement! Tian Fangxinzuo

Reporter Tao Yuqiong

Core tip

No organization or individual should be ugly, dirty, or forgery with information technology to infringe on the right to portrait of others. Without the consent of the portrait of the portrait, the portrait of the right of the right of portraits shall not be produced, used, or disclosed, except for the law.

Make friends' "embarrassment" into expression packs in WeChat groups, hang the customer's photos to the door of the studio to solicit business, send the street shooting of the good -looking lady to the Internet to suck powder and long traffic, and "transform" the star's stills into Poster posters of your own online store ... Is such a scene familiar? In fact, at the legal level, these seemingly unimpeded "operations" have touched the infringement "thunder areas".

In recent years, with the development of the Internet and the popularization of photography technology, many citizens have discovered that their "face" is becoming more and more difficult to guard. In this regard, the Civil Code keeps pace with the times, incorporated portrait rights into the personality of the personality rights, and has greatly enriched and enrich the specifications of portrait rights protection. The scope of protection of rights has increased the protection of citizens' "face", and actively adapts to the needs of the era of big data and smart society for portrait protection.

【Typical Case】

Case 1: Xiao Li and Lao Ding are friends. At the beginning of this year, friends gathered for a meal. While Lao Ding was drunk, Xiao Li took a group of photos without the consent of Lao Ding and uploaded it into a spoof expression package to the Internet. A few days later, Lao Ding saw that his emoticon package was sent to the community group. After knowing it, he knew that it was Xiao Li, so he proposed to Xiao Li that he was inappropriate to take photos to make emoticons without permission. Delete and publicly apologize. But Xiao Li believed that Lao Ding "made a big question" and continued to use the emoji. Later, due to the wide spread of emoticons, it had a bad impact on Lao Ding's life. Lao Ding couldn't bear it. A paper complaint told Xiao Li to the court, asking Xiao Li to immediately stop infringing his right to portrait and reputation, and publicly apologized, eliminating the impact, restoring reputation in the circle of friends, and compensation for mental damage. Yuan.

Case 2: As a public figure with extensive popularity, Ma Mou has a business spokesperson for many well -known products in China. Its portrait has high commercial value. A certain cleaning service Co., Ltd. uses multiple portraits of Ma Mou in its cover of Sina's official Weibo and multiple Weibo articles without permission to commercial propaganda. Ma believes that the company uses its own portrait without permission to use its own portrait, which reduces the commercial value of his portrait, has caused bad social impact, seriously infringe on its own portrait rights and reputation. Maintain your own legitimate rights and interests. Bleak

【Judge's saying】

Zhang Jie, assistant to the second -level judge of the second court of civil trial of the Senior People's Court of Shaanxi Province

"Portrait rights are the right to use portraits legally using portraits, which is closely related to personality dignity. It is protected by law and cannot be violated." Zhang Jie said that in real life, it is not uncommon for infringing the right to portrait, but many people think that they are not Celebrities do not enjoy the right to portrait. In fact, the right to portrait is an important part of personality rights. Everyone is enjoying equality according to law. In other words, everyone's "face" is protected. In order to protect the rights and interests of natural persons, the Civil Code of my country has set up special chapters to regulate, refine the type of infringement method, conforms to the development of the times, introduces Internet infringement into regulations, deletes the premise of "profit -based" identification infringement, and further expands the portrait of portraits. The scope of protection of rights provides a clear guidance for the identification of the right to infringe on portrait rights.

Article 108 of the Civil Code is clear that natural people have the right to portrait portrait, and have the right to produce, use, openly, or license others to use their portraits in accordance with the law. Zhang Jie explained that according to this, the content of the portrait right is divided into two aspects: one is the right to make and use the portrait of portraits, that is, natural persons can make their own portraits by themselves according to their own wishes, or entrust others to make their own portraits through multiple artistic expression forms. , And use the portrait of the production; the second is the dedicated right of portrait, and the use of portraits of portraits must be approved by the portrait of portraits. In addition, Article 109 of the Civil Code stipulates: "No organization or individual shall be ugly, dirty, or use information technology to fake the right to portrait. The portrait of the portrait of the portrait of the portrait, except for the law. However, without the consent of the portrait of the portrait, the right holder of portrait works shall not be published or disclosed the portrait of portrait owners in the methods of publishing, replication, distribution, rental, and exhibition. "On the basis of the previous civil law general, the restrictions on the identification of infringement" for profit "were canceled. Because, the right to infringe the right to portrait is the same as other violations of names, reputation, and honor rights. Most of them are damaged to mental interests. In the Internet environment, a considerable part of the act of infringing portrait rights in the form of malicious damage or pranks appears. The behavior of infringement of portrait rights is often not for profit, or it is difficult to identify the right to infringe the right to portrait. For example, the use of the case 2 of the case, the use of portraits of public figures can bring economic benefits to users, with obvious profitability; case 1, Xiao Li made the photo of Lao Ding as an expression package and uploaded it to the Internet for profit, but it is not for profit, but It also brought substantial sexual assault to the portrait of the portrait. In this case, if "profit -making" is also constituted as a constituent that infringes the right to portrait, it will be difficult to effectively protect the portrait of portrait and sanction to the harm. Any rights have boundaries, and the right to portrait is no exception. Portrait rights, as individual rights of natural persons, often conflict with public interests or other people's interests. In order to balance the right to protect personal portraits and social public interests, Article 100 of the Civil Code lists 5 cases of five situations. , Clarify the scope of reasonable use of portrait rights: (1) for personal learning, art appreciation, classroom teaching or scientific research, and use portrait of portrait rights in the necessary range; , Use and disclose portrait of portrait rights; (3) to perform their duties in accordance with the law, state organs produce, use, and disclose portraits of portrait owners within the necessary range; (4) In order to show a specific public environment The portrait of the portrait of the portrait of the portrait; (5) In order to protect the public interests or the legitimate rights and interests of the portrait of the portrait, other behaviors of the portrait of the portrait of the portrait of the portrait. Zhang Jie analyzed: "The reason why this rule is because of real life is common to protect the public interest, use, and open portrait. Greatly increase social costs and hinders the development of society. Therefore, the law clearly implements behaviors related to portrait rights in personal learning appreciation, teaching and scientific research, news reports, national organs' performance, public environment display, etc. , More reasonable. "(Source: Shaanxi Daily)

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