Who owns the privacy rights of portraiture in photographic works?

According to the provisions of my country's Copyright Law, photographic works are works protected by my country's Copyright Law. Many photographic works are shot of people, and people have the right to privacy. Some photographic works may infringe on the privacy rights of others, so the privacy rights of portraiture rights belong to photographic works of people. To whom? Below, the editor of Legal Savior Network will provide readers with relevant answers.

Who owns the privacy rights of portraiture in photographic works

What is the privacy right? Citizens' personal rights and privacy rights belong to Citizens, while the copyright of photographic works of people belongs to the author.

Relevant legal provisions

"Constitution of the People's Republic of China"

Article 38 Citizens of the People's Republic of China Personal dignity shall not be violated. It is prohibited to use any method to insult, slander, or make false accusations against citizens.

Article 39 The residences of citizens of the People's Republic of China are inviolable. Illegal searches or intrusions into citizens' homes are prohibited.

Article 40: The freedom of communication and the confidentiality of communication of citizens of the People's Republic of China are protected by law. Except for the need for national security or the investigation of criminal crimes, where the public security organs or procuratorial organs inspect communications in accordance with the procedures prescribed by law, no organization or individual may infringe on citizens' freedom of communication and communication confidentiality for any reason.

"Copyright Law of the People's Republic of China"

Article 11 Copyright belongs to the author. Except as otherwise provided by law.

The citizen who creates the work is the author.

For works hosted by a legal person or other organization, created on behalf of the legal person or other organization, and for which the legal person or other organization assumes responsibility, the legal person or other organization shall be regarded as the author .

If there is no contrary evidenceClearly, the citizen, legal person or other organization that signs the work is the author.

The above knowledge is the editor’s answer to the question “Who owns the privacy rights of portraits in photographic works of people?” The right to privacy is the personal right of citizens. The right to privacy It is owned by citizens, and the copyright of photographic works of people belongs to the author. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.