Hospitals use patient photos for copyright infringement.

Citizens enjoy the right of portrait, and citizens’ portraits may not be used for profit-making purposes without consent. The public welfare nature of medical popularization and the legitimate rights of citizens should be equally protected by the law. It may not be illegal to use citizens' portraits within a certain range for the purpose of saving lives and healing the wounded, but by adding text to the photos to promote the treatment effects of the hospital, it has gone beyond the scope of popularizing medicine. The production and use of portraits has economic purposes. The defendant hospital The party's right of portrait has been infringed.

The specific methods to determine the infringement of other people's portrait rights are as follows:

1. Using another person's portrait without consent. Using his or her portrait without the person's consent shows that the infringer has a negative influence on the personality of the portrait of others. Disrespecting interests and destroying the personal exclusivity and integrity of other people's portraits. If their portraits are used with the consent of the individual, it does not constitute an infringement of portrait rights;

2. Infringement of portrait rights It must be an act for profit-making purpose. Profit-making purpose refers to using someone's likeness to attract customers, promote goods, or directly making or copying the likeness into goods for sale to make a profit. Using someone else's portrait for profit-making purposes without their consent not only harms the personality of the right holder, but also damages the right holder's right to obtain material benefits from others using his or her likeness for commercial purposes. This is not allowed by law. . For example, if a photo studio does not hand over negatives to customers without their consent or places artistic portraits of customers in the window to attract customers, it is an infringement of citizens' portrait rights;

3. Some are fair uses of other people's portraits and do not constitute Infringement, such as: using other people's portraits for public welfare purposes, such as promoting someone's advanced deeds, using photos of advanced figures in newspapers, TV stations, and movies, without obtaining someone's consent, taking photos and images for news reports, wanted Fugitives and criminals use the likeness of others. Publish photos and other information on missing persons. Citizens who infringe on citizens' portrait rights can require the infringer to stop the infringement, apologize, and pay compensation. If the infringer ignores the violation, citizens can file a lawsuit in court.

In summary, citizens’ personal medical records, physical defects, health conditions, etc. rights infringement. Therefore, the hospital uses photos of patients for publicity, which constitutes portrait infringement.

Legal basis:

Article 158 of the "Opinions of the Supreme People's Court on the Implementation of Certain Issues (Trial)"

On "profit-making" The specific judgment of "purpose" is summarized and explained, that is, there is no actual requirement to make a profit, as long as the portrait is used for "advertising, trademarks, window decoration, etc.", it is deemed to be for the purpose of "profit". In other words, advertising, window decoration, etc. are typical behaviors of using portraits for profit-making purposes.

Article 160

Promote the privacy of others in written, oral or other forms, or fabricate facts to blatantly vilify the personality of others, or damage the reputation of others by means of insult, slander, etc. If it causes a certain impact, it should be deemed as an act that infringes on citizens' right to reputation.