Violations of the right to portrait include defacing, defacing or using information technology to forge the right to portrait of others; Making, using or publicizing a portrait without the consent of the owner of the portrait; Without the consent of the portrait right holder, use or disclose the portrait of the portrait right holder by publishing, copying, distributing, renting or exhibiting. In addition, it is generally not infringement, nor is it illegal.

First, how to understand the right to portrait?

According to the provisions of China's Civil Code, the right of portrait refers to the right to make, use, disclose or allow others to use their own identifiable external image reflected on a certain carrier by means of image, sculpture and painting. No organization or individual may use information technology to deface, deface or forge others' portrait rights.

Second, how to calculate the infringement of portrait rights and how to compensate for the infringement of portrait rights.

How to calculate the infringement of portrait rights: first, without my consent; The second is for the benefit. Using other people's portraits for non-profit purposes without my consent may also constitute an infringement of other people's portrait rights. The amount of compensation for infringement of portrait rights is determined according to the following factors: 1, the degree of fault of the infringer, unless otherwise stipulated by law. 2, the means of infringement, occasions, behavior and other specific circumstances. 3. Consequences caused by infringement. 4. The profits of the infringer. 5. The economic ability of the infringer to take responsibility. 6. The average living standard in the seat of the Court of Appeal.

3. Does it infringe the right of portrait to take photos without wearing a helmet and then publish them on the Internet?

There are usually two elements in the act of infringing citizens' portrait rights: first, without their consent; The second is for the benefit. The common infringement of citizens' portrait rights is mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers, printed calendars, etc. without their consent. The victim can stop the infringement of portrait rights by himself, for example, demanding to hand over the film he shot and removing the portrait from public display. You can also request the actor to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.

The relevant legal basis of this article.

Article 10 19 of the Civil Code: No organization or individual may use information technology to deface, deface or forge others' portrait rights. No portrait shall be made, used or made public without the consent of the owner of the portrait, except as otherwise provided by law. Without the consent of the portrait owner, the portrait owner shall not use or disclose the portrait of the portrait owner by publishing, copying, distributing, renting or exhibiting.