Xiaomei, a travel blogger with millions of followers, came to Huangshan to check in during the holiday, and many tourists came and went in the videos she shot. Xiaomei posted the edited video on her own self-media platforms, did Xiaomei's behavior infringe on the portrait rights of tourists?
- Xiaomei does not constitute infringement.
Article 1000 of the Civil Code: Where the following acts are reasonably carried out, the consent of the portrait rights holder may be carried out without the consent of the portrait rights holder: (1) the portrait of the portrait rights holder that has already been made public is used to the extent necessary for personal study, art appreciation, classroom teaching, or scientific research; (2) the portrait of the portrait rights holder is unavoidably produced, used, or disclosed for the purpose of carrying out news reports; (3) in order to perform their duties in accordance with law, the state organs produce, use, or use the portrait rights holder to the extent necessary; (4) Making, using, or disclosing the portrait of the portrait rights holder for the purpose of displaying a specific public environment; (5) Other acts of producing, using, or disclosing the portrait of the portrait rights holder for the purpose of safeguarding the public interest or the lawful rights and interests of the portrait rights holder.
When Xiaomei shoots the video, she shoots the whole picture of the attraction because she needs to show and introduce the environment of the scenic spot, which mainly shows the cultural landscape, rather than specifically targeting a specific person. It includes tourists passing by in scenic spots, which is an unavoidable use of the portrait of another person for the purpose of showing a specific public environment, and this kind of "accidental entry" will not constitute an infringement.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
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