Does someone else infringe upon the right of portrait by spreading his/her photos on the Internet without his/her permission?

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The use of photos without the permission of others is also a tort. Article 100 of the General Principles of the Civil Law of China stipulates that "citizens enjoy the right of portrait, and they shall not use the portrait of citizens for profit without their consent." It can be seen from this that acts that constitute violations of citizens' right of portrait should generally have two elements: first, without their consent; The second is to make profits. Common violations of citizens' right to portrait are mainly the use of others' portraits for commercial advertising, commodity decoration, book covers and printed calendars for profit without their consent. As for the infringement of the right of portrait, the victim can stop it on his own, such as requesting to hand over the film he has taken, removing the public display of the portrait, etc., or requesting the perpetrator to stop the infringement, remove the obstruction, eliminate the impact or compensate for the loss according to law. The right to claim compensation for losses shall not be subject to property damage. Other laws and judicial interpretations have also made some corresponding provisions on the infringement of the right of portrait. Article 139 of the opinion of the Supreme People's Court on several issues concerning the implementation of the General Principles of the Civil Law stipulates that, for the purpose of making profits, the use of its portrait for advertising, trademark, window decoration, etc. without the consent of citizens should be recognized as an act of infringement of citizens' right of portrait. In addition, maliciously damaging, tarnishing, and vilifying citizens' portraits, or using citizens' portraits to make personal attacks, also belong to violations of the right of portraits.

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If employees think that their portrait right has been violated, they have the right to ask the company to stop the infringement, eliminate the impact, and even ask the company to compensate for losses.
Portrait right includes:
(1) Citizens have the right to own their own portraits and the exclusive right to make and use portraits.
(2) Citizens have the right to prohibit others from illegally using their right to portrait or damaging or defiling the right to portrait.
Article 2 of the Tort Liability Law states that infringement of civil rights and interests shall be subject to tort liability in accordance with this Law. The civil rights and interests referred to in this Law include the right to life, the right to health, the right to name, the right to reputation, the right to honor, the right to portrait, the right to privacy, the right to self-determination in marriage, the right of guardianship, the right of ownership, the usufructuary right, the right to security, the copyright, the patent right, the right to exclusive use of trademarks, the right to discovery, the right to equity, the right to inheritance, and other personal and property rights and interests.

Answered thirty-two thousand five hundred and seven Legal advice>

The use of photos without the permission of others is also a tort. Article 100 of the General Principles of the Civil Law of China stipulates that "citizens enjoy the right of portrait, and they shall not use the portrait of citizens for profit without their consent." It can be seen from this that acts that constitute violations of citizens' right of portrait should generally have two elements: first, without their consent; The second is to make profits. Common violations of citizens' right to portrait are mainly the use of others' portraits for commercial advertising, commodity decoration, book covers and printed calendars for profit without their consent. As for the infringement of the right of portrait, the victim can stop it on his own, such as requesting to hand over the film he has taken, removing the public display of the portrait, etc., or requesting the perpetrator to stop the infringement, remove the obstruction, eliminate the impact or compensate for the loss according to law. The right to claim compensation for losses shall not be subject to property damage. Other laws and judicial interpretations have also made some corresponding provisions on the infringement of the right of portrait. Article 139 of the opinion of the Supreme People's Court on several issues concerning the implementation of the General Principles of the Civil Law stipulates that, for the purpose of making profits, the use of its portrait for advertising, trademark, window decoration, etc. without the consent of citizens should be recognized as an act of infringement of citizens' right of portrait. In addition, maliciously damaging, tarnishing, and vilifying citizens' portraits, or using citizens' portraits to make personal attacks, also belong to violations of the right of portraits.