Clarify the rejection still followed ... Why is the street shot more and more annoying
Author:Look at the think tank Time:2022.07.30
A tall and tall girl in a tight -fitting pants walked into Taikoo Li from the northwest of Sanlitun, Beijing. Six street photographers picked up the camera and brushed her.
Note that someone was shooting, the girls' footsteps were significantly accelerated, but the camera did not let her go: 3 street photographers stood in place to "crazy" and press the shutter to her. The shooting, and the famous street photographers followed the girls with dozens of meters away from the waist, legs, etc., and recently came the camera with the girls.
Girls were exposed and left quickly.
After two minutes after the girl walked, two girls in short skirts came on the streets, and a bunch of cameras aimed at them.
This is a scene where the reporter saw in Sanlitun at around 5 pm on July 22. The weather was hot that day, but dozens of street photographers still "work" at the entrance and exit of Sanlitun and the center of the business district: once there is a "handsome guy", they will immediately enter the state and adjust the angle. Or refuse, street photographers will follow, and even shoot personally; sometimes, even if the other party explicitly refuses, individual street photographers have not stopped immediately.
Not only in Beijing Sanlitun, according to public reports, in Chengdu Taikoo Li, Shanghai Anfu Road and other places, it is also popular. On all kinds of social platforms, street shooting bloggers, street shots and bloggers occupy a certain traffic pool. On the e -commerce platform, there are "street shooting beauty videos/atlas" for sale. Street shooting website.
The question follows: Why so many people are keen on street shooting? Is the online uploading and selling photos and videos of the street shot illegal? How to determine all kinds of face -like street shots?
In this regard, the reporter launched an investigation recently.
Wen | Zhang Shoukun Zhao Li
This article is reproduced from the WeChat public account "Legal Daily" (ID: Fazhiribaoxinwen). The original first was released on July 29, 2022. "People" do not mean watching think tank views.
1
Suspected infringement on street shots without consent
In addition to the variety of merchants and trendy fashion men and women, Sanlitun's most impressive may be the street photographers wandering in the Taikoory Business District. Lao Li, who is already in his 60s, is one of them.
"I have retired for several years. As long as I have nothing to do with it every day, I will come here to shoot. Photography is my biggest hobby." Lao Li told reporters that his camera and lens spent more than 30,000 yuan. , But the output rate is not high.
"Shooting it at the people, willn't it cause trouble?" The reporter puzzled it.
"99%of the coming here are willing to be photographed. Sanlitun has already formed street shooting culture. Many girls will take the initiative to put POSE." Lao Li was very confident. He also took the initiative to pick up the camera and let the reporter pass it through See how he made street shots -follow the figure, focus, and quickly press the shutter button many times. Delete the photo. "
But is the fact that most people are willing to be photographed as Lao Li said?
The reporter randomly interviewed a number of passers -by who passed the "street shooting area". Their thoughts were different. Some people felt that street shooting was fine and would be greatly let people shoot. Some people thought it could be shot. Well; some people are disgusted with street shooting and feel that this behavior is very impolite; some people worry that street shooting infringes on their own portrait and privacy. There are many major social platforms, and there are many spit on street shots. The comment area often resonates with the public.
The reporter noticed that in addition to Lao Li, there are more than a dozen old street photographers in Sanlitun. Their camera equipment is relatively professional. Most of them are 3 to 6 people. Sometimes they are dispatched together and sometimes look for their goals. Some of the young street photographers hold professional cameras, more of them with mobile phone street shooting, most of them "fight alone".
The reporter found that many bloggers will take the label below the street photos on the Internet: If you are photographed by me and don't want to show his face, please contact me in the background to delete it.
So, is street shot allowed by law?
Huang Qunhui, a lawyer at Beijing Yinghe Law Firm: "The Civil Code of the Chinese Civil Code stipulated that without the consent of the portrait owner, it is not allowed to produce, use, or open the portrait of the portrait of portrait. It is not the category of the legal "reasonable implementation", which are infringement and infringe on the right of portrait of the photographer.
At the same time, from the content of the street shooting, legal equality protects everyone, whether women or men, elderly people or minors, as long as they have not been agreed by the photographer, they are infringement. "
"But from the purpose of the use of street shooting, there is a situation of not infringement. It is legally called a reasonable implementation of portraits, also known as the public welfare use of portraits. For example, news reports are inevitably produced, used, and public portraits. "Huang Qunhui said.
2
Street shooting contains a lot of business behavior
The reporter learned that no matter what the weather is, some street photographers often stop outside. Is it really just a hobby that supports them?
Open the social platform, there are many fashion bloggers based on street shooting, showing good -looking wear through street shooting to show you the beauty of fashion.
Among them, some bloggers will use street shooting and cargo, selling suit, jeans, stockings, etc. If the main jeans are pushed, the protagonist in the street video will wear various types of jeans and put on the same style of products in the video of the account window. Some street shooting is a commercial contract, such as eating, drinking, playing shops, travel shooting, aerial photography, etc. Such videos often add location positioning to drain. Some street shooting bloggers will indicate their business scope in briefing, including women's clothing, commercial contracting, expert incubation, photography teaching, etc.
There are also some street shooting belonging to the eyeballs that are purely uniform. The spiritual guy wearing a navel dress, a red -haired man, a man in a pink dyed in a skirt, some people pat the soil flavor, and some people turn over their heads, which often causes onlookers and affects traffic, and even affects the local style review.
There have been media reports that a Hangzhou photographer, a model who opened the online shop on the street, has a rebate income of up to 20,000 yuan a day.
In addition to the display of "bright light", some street photos also have "dark places". The reporter found in the investigation that some street photographers have peculiar angles. They usually focus on young girls' body parts and are full of "sex gaze."
Reporters on multiple e -commerce platform reporters search and found that there are many street shots and small videos for street shooting, as long as a few yuan can get thousands of photos and videos. The exposed women's photos, some focus on women's body parts, are very different from the trendy fashion elements contained in street shooting.
Enter the "Street Shooting Network" on the search engine, you can see a large number of street shooting sites on the homepage, a large number of "street shooting hip skirts, full body and confidence", "street shooting stockings, such shredded beauty can not resist" and so on The title of the side ball attracts people to watch. The left column of the webpage also has "tight pants", "short skirt", "swimsuit", "hot pants" and other categories. Entering only one or two pictures or a small video for free, you must open the full version of the website, you must open a website member or pay to unlock.
Huang Qunhui said that shooting the private parts of others is a typical behavior of infringement of privacy. If such photos and videos flow into some illegal websites and be edited into some false information, it is likely that slander and insults will occur, infringing the reputation of the subject. Therefore, street photographers upload these photos to some illegal websites and violate the provisions of portrait rights, privacy, and reputation rights in the civil code. They must bear the legal liability of deleting photos, apology, eliminate impacts, and compensate losses.
"If it is just a portrait of general production, use, and disclosure of portraits, it may constitute infringement in the sense of civil law. And involving the shooting of privacy parts, punishment shall be punished according to the Public Security Management Penalty Law.
If the shooting behavior also involves the production, replication, publishing, selling, and dissemination of the "profit for profit", it may constitute the crime of profit for making, copying, publishing, trafficking, and dissemination of obscene items; if the circumstances are serious, it may constitute the crime of spreading obscene items. Xie Yan, an associate professor of the School of Criminal Justice at the University of China and Law, said that even if there is no "profit for profit", it does not involve serious transmission plots, and sneak shots may still constitute a crime of compulsory obscenity.
3
Comprehensive governance standard street shooting behavior
The reporter found that some people shared their distress and anger on the Internet because of being shot by the street, but some netizens used "victims to add crime theory" to comment that they were photographed because of their own dressing problems. "Why shoot you, don't shoot others", "You wear it yourself, don't let others shoot".
In 2019, Sichuan Chengdu, one of the "Street Shooting Holy Land", issued a document to prohibit commercial street shooting, and implemented an application system for commercial shooting and media shooting. But to this day, a lot of content can still be seen on the Internet. According to reports, some staff members said that it was difficult to restrain street photographers, and during the persuasion, the staff was abused and beaten.
Wipe the ball website and various strange shots make the street shooting stigma seriously, and some people are daunting on the street.
The reporter learned by interviewing passers -by and chatting with street photographers that the disputes in street shots are not uncommon. At the same time, the reporter found that there are often security guards and even relevant law enforcement officers in large commercial districts with many street photographers, and there are security booths or police stations around them.
Is security and police obliged to stop street shooting behavior?
Huang Qunhui believes that the behavior of street photographers belongs to photography creation in nature. If the photographer agrees to shoot, it belongs to the private behavior of both parties, and the law will not interfere. Security or police have no power or obligations to interfere.
In Xie Yan's view, because the portrait of the street shooting will have a portrait of production, use, and disclosure of portraits, it is not sure whether it is a portrait or landscape, so it is difficult to determine whether it needs to be stopped. If there are street shots gathered and there is a risk of pushing and stepping on, the security should be evacuated in time. If the photographer feels violated, he should contact security or alarm treatment in time. Sneak shots without consent may not only involve infringement, but also involve illegal crimes.
How can we reduce the irregular street shooting behavior in life?
Xie Yan suggested that when related platforms and departments are not regulating street shooting behaviors, the most important thing is to improve the feedback efficiency of complaints. Many platforms have set up a complaint entrance to infringe privacy and portrait rights, but complaints often need several working days or even longer to have feedback. During this period, the rights and interests of the photographer continued to be infringed.
Guo Xiaoming, a lawyer of Shanghai Zhonglian (Chengdu) Law Firm, believes that legal and moderate street shooting should not be banned because this is also a way to record life. However, street shooting cannot exceed the limitations of the law, reason, and the tolerance of the subject. Before the shooting, the subject must be obtained, or after the shooting, ask the subject's opinion. Implement illegal behavior. "The Internet platform should increase the review. For the content that may be infringement, it is necessary to strictly perform disconnected links and deletion in accordance with the law; relevant departments should increase inspections and enforcement efforts to some key places, increase publicity and education, and timely timely, timely and timely time Effective dissuasion of some uncivilized and even illegal street shots, cracking down on illegal crimes in accordance with the law. "Guo Xiaoming said.
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