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How much is the compensation for infringement of portrait right

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Source: Legal Chart Compilation · 2024.02.24 · 2162 people have seen it
Introduction: There is no fixed standard for the amount of compensation for infringement of the right of portrait, because it depends on many factors, including but not limited to: the nature and seriousness of the infringement: for example, whether it is for profit, the duration of the infringement, the severity of the infringement means, etc. The popularity of the infringed: the portrait right of public figures or celebrities may be considered to have higher commercial value, so the amount of compensation may be higher. The impact of infringement on the infringed person: including the degree of damage to the reputation, image, mental state, etc. of the infringed person. If there is any doubt about the process and cost of the loan litigation, please refer to the following.
How much is the compensation for infringement of portrait right
I Infringement of portrait right How much is the compensation

Infringement of portrait right damages There is no fixed standard for the amount, because it depends on many factors, including but not limited to:

Tortious conduct The nature and seriousness of the infringement: for example, whether it is for profit, the duration of the infringement, the severity of the infringement means, etc.

The popularity of the infringed: the portrait right of public figures or celebrities may be considered to have higher commercial value, so the amount of compensation may be higher.

The impact of infringement on the infringed person: including the degree of damage to the reputation, image, mental state, etc. of the infringed person.

Subjective fault of the infringer: if the infringer infringes the portrait right intentionally or maliciously, he may be judged to pay higher compensation.

Benefits obtained from infringement: if the infringement brings economic benefits to the infringer, the compensation amount may take this part of benefits into consideration.

Economic level of the place where the court is located: the amount of compensation may vary depending on the economic level of different regions.

Actual losses of the infringed: including direct economic losses caused by infringement, such as loss of job opportunities and income reduction.

In China, compensation for infringement of portrait right usually belongs to Compensation for mental damage Category. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts, the amount of mental damage compensation can be determined according to the above factors. The amount of compensation may vary from several thousand yuan to several hundred thousand yuan, and the specific amount shall be determined by the court according to the specific circumstances of the case.

If the infringed claims compensation, it is usually necessary to provide evidence To prove their losses, including but not limited to medical expense , psychological consultation fees, income reduction due to infringement, etc. If the infringement causes serious mental pain to the infringed, the court may award higher compensation for mental damage.

In short, the amount of compensation for infringement of the right of portrait needs to be determined according to the specific circumstances of the case, and there is no unified standard. If specific cases are involved, professional consultation is recommended lawyer In order to obtain more accurate legal advice.

Legal basis:

The People's Republic of China Civil Code 》Article 10185 Infringement upon the personal rights and interests of others causes serious consequences Mental damage The infringed person has the right to claim compensation for mental damage.

2、 How much is the general compensation for reputation infringement

There is no fixed standard for the amount of compensation for reputation infringement, which usually depends on the specific circumstances of the case. In China, the amount of compensation for reputation infringement may be determined according to the following factors:

Severity of the infringement: If the infringement is serious and causes extensive adverse effects, the amount of compensation may be higher.

Damage to the reputation of the infringed: If the reputation of the infringed is seriously damaged, and it requires greater effort and time to restore its reputation, the amount of compensation may be higher.

The extent of the infringer's fault: if the infringer causes reputation infringement intentionally or through gross negligence, the amount of compensation may be higher.

Consequences of infringement: If the infringement causes economic losses or other serious consequences to the infringee, the amount of compensation may increase accordingly.

Profits of the infringer: If the infringer gains benefits from the infringement, this benefit may be part of the compensation.

Economic capacity of the infringer to bear the responsibility: if the infringer has strong economic capacity, the court may decide a higher amount of compensation.

Average living standard of the place where the court is located: the economic situation and living standard of different regions are different, which may affect the determination of the amount of compensation.

In actual cases, the amount of compensation for reputation infringement may vary from thousands to tens of thousands of yuan, and the specific amount needs to be decided by the court according to the specific circumstances of the case. If spiritual damage compensation is involved, the court will also determine the amount of compensation according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts and other relevant legal provisions.

It should be noted that the specific amount of compensation for a reputation infringement case needs to be determined by the court according to the facts and evidence of the case during the trial. Therefore, if someone suffers from reputation infringement, it is recommended to consult a professional lawyer in order to obtain more accurate legal advice and compensation assessment.

Legal basis:

Article 1183 of the Civil Code of the People's Republic of China, if serious mental damage is caused by infringement on the personal rights and interests of natural persons, the infringed person shall have the right to claim compensation for mental damage. If serious mental damage is caused by intentional or gross negligence infringement on a specific thing of personal significance of a natural person, the infringee has the right to claim compensation for mental damage.

3、 How much is the general compensation for minor injuries

There is no fixed standard for the amount of compensation for minor injuries, because it depends on a variety of factors, including the specific loss of the victim, medical expenses, lost wages Nursing expenses Transportation expenses, accommodation expenses, hospital board allowance, necessary nutrition expenses, etc. In addition, if the victim is disabled due to injury, it is also necessary to consider Disability compensation Fees for disability aids and quilts support Cost of living, rehabilitation, nursing, follow-up treatment, etc.

In China, the amount of compensation for minor injuries usually needs to be determined according to the actual situation. The following factors may affect the amount of compensation:

Medical expenses: including diagnosis and treatment expenses, hospitalization expenses, medicine expenses, examination expenses, etc., which are calculated according to the actual expenses incurred.

Delay fee: according to the victim's wages Income and time unable to work due to injury.

Nursing cost: if the victim needs care, it is calculated according to the salary and nursing time of the nursing staff.

Transportation and accommodation costs: if the victim needs to travel to different places for treatment, these costs may also be included in the scope of compensation.

Food allowance for hospitalization: calculated according to the time of hospitalization of the victim and the local food standard.

Nutrition cost: If the doctor suggests that the victim needs additional nutrition, this cost may also be included.

Mental damage compensation: In some cases, if the victim has suffered serious mental pain, he or she may also receive mental damage compensation.

The specific amount of compensation usually needs to be determined by both parties through consultation or decided by the court according to the specific circumstances of the case. In the process of negotiation, both parties can consider the actual loss of the victim, the economic capacity of the perpetrator and the degree of responsibility of both parties. If no agreement can be reached, the victim can go through legal channels (such as filing a civil lawsuit litigation ）To pursue compensation.

Legal basis:

Article 1179 of the Civil Code of the People's Republic of China Personal injury Should be compensated Medical expenses Nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, etc. are reasonable expenses for treatment and rehabilitation expenses, as well as reduced income due to missed work. If it causes disability, it shall also compensate for the cost of auxiliary equipment and disability compensation; If death is caused, compensation shall also be made Funeral expenses and Death compensation 。

After checking the above content, if the question of how much to compensate for the infringement of the portrait right has not been answered, click the "Consultation Now" button below, and a professional lawyer will answer it for you online.

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