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How to appeal against infringement?

1. It is not an appeal, but a lawsuit in court. An appeal can be filed only when a person is dissatisfied with the first-instance decision.

2. “Is it a violation of privacy if my photos are used for publicity without my consent?”:

(1) It is a violation of your friend’s Privacy, but it also violates your friend's right to portrait because the hospital is using your friend's photo for profit.

(2) Your friend can choose to sue for infringement of privacy or portrait rights. It is recommended to sue for infringement of portrait rights. You can ask for a stop to the infringement, an apology, and compensation for your friend's losses, including the plastic surgery hospital's use of your friend's photos. Obtain favorable infringement compensation and mental damage solatium.

3. “I don’t know what to do”:

(1) Collect evidence that your friend’s photos are still being used by plastic surgery hospitals, such as: “ "Other people's medical record cards with their own photos printed on them", it is best to collect them for several years.

(2) Collect evidence that your friend has requested photos from the hospital. This can be the testimony of a witness who knew about your friend’s negotiations with the hospital at the time, or the recording of negotiations with relevant hospital personnel.

(3) After having the above evidence, file a lawsuit with the court and request the court to order the plastic surgery hospital to stop infringement, compensate for losses, and apologize.

4. "Because my friend does not work in the plastic surgery department, he did not know that his photos were still being used": This can be used as a reason why your friend has not exceeded the statute of limitations, but if you can collect As for the evidence that the hospital's last medical record using your friend's photo was not more than 2 years old when the lawsuit was filed, it doesn't matter when your friend knew about it.

5. "If the lawsuit was filed from 2003 to now, how much compensation should be demanded from the company?":

(1) It depends on the scope of use of the photo and the hospital's use since 2003. Determined by the profit situation since the year. You can apply to the court to investigate the hospital's annual profits and check its accounting books.

(2) The mental injury consolation payment should be determined based on the specific circumstances of your friend’s mental injury, the local economic level, the economic conditions of the hospital and other factors.

Personal opinions, for reference only.