Plastic surgery hospital portrait right to use the agreement content is what?
A, plastic hospital portrait right to use the content of the agreement includes what? Model agreement Portrait using party (hereinafter referred to as party A): (unit name) Address: (unit address) Legal representative: Portrait authorization party (hereinafter referred to as party B): Name: Gender: Age: Occupation: Contact address: Contact: ID card No.: According to the "People's Republic of China *** and the State of Advertisement Law" and the "Chinese People's Republic of China *** and the Civil Code" of the relevant provisions of the two parties to clarify the obligations, rights According to the provisions of the Advertising Law of the People's Republic of China and the Civil Code of the People's Republic of China, in order to clarify the obligations and rights of the two parties, the following agreement has been reached after friendly negotiation: 1. Party B voluntarily shoots the promotional products belonging to Party A according to Party A's requirements (photographs, graphic and audio-visual materials and other works with its portrait), and agrees that Party A, in a proper way, will use the works containing Party B's portrait for Party A's business and promotional activities (e.g., used in Party A's brand of e-commerce, outdoor advertisement, television media, sample albums, printed corporate internal materials and Order selection and other promotional carriers), the scope is limited to domestic. 2. The term of use of the portrait is from the date of signing the agreement. 3、Party A has the right to carry out technical processing and modification of the works with Party B's portrait according to the needs of the actual situation, without Party B's consent. 4. Party A and Party B agree that Party A shall pay Party B a lump sum of RMB (in full capitals) for the use of Party B's portrait in the form, scope and time of 1, 2 and 3 above on the date of signing of this Agreement. 5、The content of this agreement is negotiated between Party A and Party B. Neither party shall unilaterally change the content of the agreement, which shall take effect from the date of signature by both parties. This Agreement shall be signed in duplicate, one for each party. This agreement was signed in (name of the unit) on January 1, 2012. Portrait right is a kind of personality right that a natural person enjoys for the content of the personality interest embodied in his portrait. A work that uses photography or plastic arts to reflect the image of a natural person, including his or her features. Portrait right is a kind of personality right, which is the right of natural person to make portrait and the right to use the label. The legal portrait is an integral part of the personality of a natural person, and the spiritual characteristics embodied in the portrait may, to a certain extent, be transformed into or derived from the material interests of the citizen. The law protects the portrait of a citizen based on the fact that the portrait embodies the citizen's spiritual and personality interests in many ways. According to the regulations on portrait rights of the People's Republic of China, the right to portrait is a fundamental right of citizens, and no one may use or insult their portraits without their consent. The police have the right to reserve the right of use. If the victim's portrait is unauthorized use, can first consult, such as the refusal to withdraw the person, can be prosecuted according to law, apply for judicial protection, safeguard their legitimate rights and interests. Second, the content of the right to portrait includes: (1) Citizens have the right to own their own portrait, with the exclusive right to make and use the portrait. (2) Citizens have the right to prohibit others from illegally using their portrait rights or damaging or defacing them. Article 1018 of the Civil Code (effective January 1, 2021)6868 Natural persons have the right to portraits and the right to make, use, disclose or license others to use their portraits in accordance with the law. A portrait is an external image of a particular natural person that can be recognized as reflected in a certain carrier by means of an image, sculpture or painting. Article 1016868 No organization or individual may infringe upon another person's right to a portrait by uglifying or defacing it, or falsifying it by means of information technology. Without the consent of the portrait right holder, the portrait of the portrait right holder may not be made, 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. In our daily life, many people like to take pictures, which involves a portrait right problem, because in some professional photography museum, some people may be these photos, hanging in the store as a publicity, this time it is necessary to sign a portrait right to use the agreement, otherwise it is illegal, the content of the other party agrees to use the portrait used for publicity.