Is it an infringement to post photos of friends on dating websites without their consent?
According to the provisions of my country's "Civil Code", acts that constitute an infringement of a citizen's right to portrait should usually have Two conditions: first, without the consent of the person; second, for profit. My friend did not use his photos for profit, but simply reposted them because he thought they looked good. This does not constitute an infringement of portrait rights. If citizens encounter an infringement of portrait rights, they can stop it on their own, such as asking the other party to delete the portrait, etc. They can also request the other party to stop the infringement, eliminate the impact, or compensate for losses according to the law.
"Civil Code Article 1018 of the Code [Right of Portrait] Natural persons enjoy the right of portrait and have the right to make, use, disclose or permit others to use their own portrait in accordance with the law.
Portraits are created through images, sculptures, paintings, etc. An identifiable external image of a specific natural person reflected on a certain carrier.
Article 1019 [Negative Power of Portrait Rights] No organization or individual may infringe on the portrait rights of others by vilifying, defacing, or using information technology means to forge. Without the consent of the portrait rights holder, The portrait of the holder of the portrait right shall not be produced, used or disclosed, except as otherwise provided by law.
Without the consent of the portrait right holder, the right holder of the portrait work shall not use or disclose the portrait of the portrait right holder by means of publication, reproduction, distribution, rental, exhibition, etc.
"Civil Code"Article 1020 [Fair use of portrait rights] Anyone who reasonably performs the following acts may do so without using the portrait The rights holder agrees:
(1) For personal study , art appreciation, classroom teaching or scientific research, use the public portrait of the portrait owner within the necessary scope;
(2) For the purpose of news reporting, it is inevitable to produce, use, and disclose the portrait of the portrait owner;
(3) In order to perform their duties in accordance with the law, state agencies produce, use, and disclose the portrait of the portrait owner within the necessary scope;
(4) In order to display a specific public environment, it is unavoidableFree production, use and disclosure of the portrait of the portrait owner;
(5) Other acts of producing, using, and disclosing the portrait of the portrait right holder in order to safeguard public interests or the legitimate rights and interests of the portrait right holder.
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