Using customers' videos as a publicity beauty salon defendant to court

"I want to propagate through Douyin. I did not expect to be a lawsuit. I really regret it. I must pay attention in the future." On September 2, Li Mou, the owner of a beauty salon in Jinghe County.

On the same day, in the People's Court of Jinghe County, the plaintiff Bamou sued Li Mou's portfolio dispute. In April of this year, Li Mou used the consent of Baalmou to use the plaintiff's nursing effect on the short video platform to promote its beauty salon for propaganda. Bayou believed that Li had infringed his portrait rights and sued to the People's Court of Jinghe County to ask the defendant Li to compensate his mental loss by 30,000 yuan.

It was found that the photos used by Li Mou were a plain photo when Babia made a face care. The court believes that only the eyebrows, noses, and mouth parts of this photo complained by Bammou are not a complete specific person image. Most people cannot intuitively and clearly identify that the photo is the plaintiff himself. This photo cannot reflect the comprehensive characteristics of the appearance of a specific person in Bay, and it cannot cause the general people to produce ideas or emotional activities related to the specific person Bayou. According to Article 1018 of the Civil Code, this photo is not a legal sense. The portrait rejected the plaintiff Ba's request to claim the defendant Li to compensate his mental loss of 30,000 yuan.

Judge Tips

With the continuous development of the self -media platform, more and more shop owners have carried out marketing activities through self -media platforms. Judges reminded that bloggers on the media platform should actively ask each other in advance to see if they agree to shoot shooting in advance to see if they agree with shooting shooting And publish the video to the Internet. If the other party refuses, it should stop shooting. It should be deleted immediately for the published pictures, videos and other contents to eliminate the impact.

Law link

Article 109 of the "People's Republic of China" stipulates that any organization or individual shall infringe on portrait rights of others with information technology, or forgery with information technology. Without the consent of the portrait of the portrait, the portraits of the rights of the right of portraits shall not be produced, used, or disclosed, except for the law.

Without the consent of the portrait of the portrait, the right holders of portrait works shall not use or disclose portraits of portrait owners in the way of publishing, replication, distribution, rental, and exhibition.

Pomegranate cloud/Xinjiang Legal Daily reporter Zhang Lei Correspondent Zhang Kai

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