What is the difference between the right of publicity and the copyright of portraiture
Image rights and portrait rights belong to personality rights, and copyright is a kind of intellectual property rights .
Content of portrait rights
Portrait rights include:
(1) Citizens have the right to own their own portraits and have the exclusive right to produce and produce portraits. Exclusive rights to use.
(2) Citizens have the right to prohibit others from illegal use own portrait rights or damage or tarnish the portrait rightsSewage.
1. Exclusive right to produce portraits
As far as photography is concerned, it is the entire process of converting the image of a natural person into a portrait by fixing the appearance of a natural person on a film, photographic paper or other material carrier through photography.
The exclusive rights for portrait production include: First, The owner of the right to portrait has the right to decide to make his or her own portrait or have his or her portrait made by others based on his or her own needs or the needs of others or society, and no one else is allowed to interfere; secondly, the owner of the right to portrait has the right to prohibit others from doing so without his or her consent. Authorize to make your own likeness without authorization. Illegal production of portraits of others constitutes infringement.
When understanding "image production rights", we It is often thought that as long as the portrait owner's portrait is not disclosed, it does not constitute an infringement. This is a misunderstanding of the law. In a strict sense, the understanding should be: whether the exclusive right of portrait production is infringed depends on whether the producer has obtained the permission of the portrait right holder at the time of production. Production without permission - even for the purpose of private collection, will not Infringement of the direct interests of the portrait owner also constitutes infringement of the exclusive right to create portraits. As a photographer, as long as you point the camera at a natural person and take a portrait, if the portrait owner does not agree and forcibly takes the photo, it is an infringement.
2. Exclusive right to use portrait
Once the portrait is fixed on a certain material carrier (produced), it becomes independent from the world and can be controlled and used by people. Although the use value of a portrait has universal significance, only the owner of the portrait right has the exclusive right to use it. Its basic contents are:
First, natural persons have the right Use your own likeness in any way, and obtain spiritual satisfaction and financial gains through use, and others are not allowed to interfere (but must not violate the law and public order and good customs). Second, a natural person has the right to allow others to use his or her likeness and decide to receive remuneration from it (this requires equal negotiation with the user and signing of a likeness use contract). Third, natural persons have the right to prohibit others from illegally using their likenesses.
3. Right to protect portrait interests
Portrait interests are the exclusive personal interests of citizens, and others are not allowed to interfere with them. Violate. The content is: First, citizens have the right to prohibit others from making their own portraits without their permission; second, citizens have the right to prohibit others from using their own portraits without permission; third, citizens have the right to prohibit others from damaging, defiling, or damaging their own portraits. Deflate and distort. The general principle is: citizens have the right to reproduce their own images - the right to agree or disagree with the reproduction of their own images on objective material media and space; citizens have the right to use their own likenesses and the right to allow others to use their own images. image, and the right to prohibit others from using their image.
If you still have any questions, the Legal Savior Network is also Lawyer online consultation services are provided, and you are welcome to make legal consultations.
