Does star cosmetic surgery infringe on portrait rights?
Does star cosmetic surgery infringe on portrait rights? No, as long as "a pirated star" doesn't impersonate, it doesn't involve infringement of portrait rights. Recently, a young man in Hubei wanted to be a copy of Lu Yi. Lu Yi had no choice but to say, "His face has not been registered yet, and it is his freedom to be what others want him to be. I can't interfere. " According to the relevant regulations, citizens have the right to portrait, and they are not allowed to use their portraits for profit without their consent, otherwise the right to portrait will be violated. Does the face have a "patent right"? Does the act of creating the necromancer violate the portrait rights of celebrities? Experts said that at present, there are no relevant laws and regulations on cosmetic surgery in China. According to the principle of "nullum crimen sine lege", cosmetic surgery is understandable as long as it does not infringe on the interests of others and the public interest. Chinese law does not prohibit citizens from changing their appearance at will, but it does not mean that citizens have the right to change their appearance. Even if citizens enjoy such rights, the exercise of freedom of appearance change should be restricted accordingly. As long as "pirated stars" don't impersonate themselves, they don't involve infringement of portrait rights. For example, "Li Yao's request to make a replica of Li Xiang did not infringe on Li Xiang's portrait right. She just put forward her own reference standard for cosmetic surgery, which is not illegal. Even if the result of cosmetic surgery is really 70% to 80% similar to that of Li Xiang, this behavior cannot be characterized as infringement. " Plastic surgery is an independent right of citizens, and what they want to do is personal freedom. After plastic surgery, it is possible to adjust various valid documents such as ID card and household registration certificate with the administrative permission of the state. When he is engaged in civil activities, he acts in his own name, and his responsibility does not involve infringement. On the contrary, if "pirates" impersonate others and engage in profit-making or criminal activities, they infringe on the right to portrait, and "genuine" can demand to stop the infringement, eliminate the influence and apologize. In practice, it is difficult for the law to identify the similarity of faces and whether there is infringement. The current law is in an awkward position in plastic surgery. After plastic surgery, the face shape has been improved, followed by a series of problems such as ID card adjustment and criminals taking advantage of loopholes. I hope that national laws can intervene in the field of plastic surgery as soon as possible. For example, the law should stipulate that more plastic surgery must be done to the local public security department to issue a criminal record. However, the country still does not support cosmetic surgery. Cosmetic surgery will bring many bad effects to individuals. First, the mentality will change, and self-confidence will instantly expand. Then there will be people who are not responsible for their health. Plastic surgery will do great harm to yourself, with certain risks, and then it will bring trouble to the country, and the identity card and passport are difficult to identify.