Constituting the infringement of citizens' right to portrait usually should have two elements: one is without my consent; second is to profit for the purpose. Common violations of citizens' portrait rights, mainly without their consent, for profit purposes, the use of other people's portraits for commercial advertising, product decoration, book covers and printing calendars and so on.
(A) infringement of the exclusive right to make portraits in terms of photography, that is, through the photographic image of the natural person's appearance fixed on a film, paper or other material carrier, so that the natural person's image into a portrait of the whole process.
Portrait production of exclusive rights include: First, the portrait of the person can be based on their own needs or others, the needs of society, they have the right to decide to self-production of portraits or by others to produce their own portraits, no one shall interfere; Second, the portrait of the person has the right to prohibit others without their consent or authorization to produce their own portraits. Unlawful production of another person's portrait, constitute infringement.
Article 1019 of the Chinese People's **** and National Code, no organization or individual may infringe on the portrait rights of others by uglifying, defacing, or using information technology means of forgery. Without the consent of the portrait right holder, the portrait of the portrait right holder may not be produced, used or publicized, unless otherwise provided for by law. Without the consent of the portrait right holder, the right holder of the portrait work shall not use or publicize the portrait of the portrait right holder by publishing, copying, distributing, renting or exhibiting.