"Rights in Portrait and Name" Protecting Our Personal Dignity PPT Courseware 7

Description

"Rights in Portrait and Name" Protecting Our Personal Dignity PPT Courseware 7

Key points of this lesson

First item: I have image rights

Item 2: Safeguarding the right to name

Portrait is the personality symbol of the portrait person

Portrait rights are the exclusive rights to your own likeness

Fight against image rights infringement

Names are text symbols that distinguish people from each other

The right to name is the right to control one’s own name

Fight against theft and impersonation of another person’s name

what is portrait

A portrait is a representation of the human body centered on appearance. The production methods are rich and diverse, and a person's voice, appearance, and appearance can be reproduced through various methods such as painting, sculpture, paper-cutting, photography, and photography.

Does taking photos like this infringe on portrait rights?

An amateur photographer from the army was visiting a park a few days ago when he noticed several young women throwing fruit peels on the ground while eating, so he immediately clicked the shutter. Unexpectedly, they immediately gathered around him and demanded that he expose the negatives immediately. They said that if the newspaper published it, they would sue him for infringement of his portrait rights. The photography enthusiast disagreed. Now that the photos have been developed, photography enthusiasts are very conflicted and worried about whether they will be sued once they submit their photos.

The basic meaning of portrait rights

The so-called right of portrait refers to a personal right in which citizens enjoy interests in their own portraits and exclude infringement by others. It is the personality identifier of a natural person and reflects the physical attributes of the natural person.

Basic content of portrait rights

Exclusive right to produce portraits

Exclusive right to use likeness

Right to protect portrait interests

It shows that one can make a portrait at any time and in any form, and others are not allowed to interfere. It also shows that one has the right to prohibit others from illegally making one's own portrait.

You have the right to prohibit others from illegally using your image, and this also includes the right to transfer the right to use your image.

Except for the right holder, everyone has the obligation not to infringe.

①Public welfare: To protect social needs, such as exhibition of photos of advanced tasks, filming and publishing criticism of uncivilized behavior, and wanted fugitives;

②Personal interests: Publish a missing person notice;

③Newsiness: In news reports, portrait rights are submerged in gatherings, queues, and ceremonies, and portrait rights are not allowed. Similarly, individuals in group photos are not allowed to claim portrait rights;

④ To record a specific public event and use the portrait of a participant, participation is equivalent to a commitment to the use of the portrait rights.

Limitations of portrait rights

The exercise of citizens' portrait rights is restricted in certain situations. For example, for the needs of the country and social public interests, relevant state agencies have the right to use other people's portraits within the scope of the law; for the purpose of news reporting, journalists The right to use the likeness of others in photographs. In order to report the unhygienic behavior of some citizens to the newspaper, photographers used their portraits for the purpose of maintaining social morality and not for profit, and they did not illegally damage or maliciously tarnish their portraits. Therefore, your behavior is legal.

Main contents of name rights

The right to name is an important personality right of citizens, which mainly includes the right to name, the right to use name and the right to change name. It is a right that citizens enjoy in accordance with the law and require others to respect.

Stealing someone else's name

It refers to carrying out certain activities in the name of others without their consent or authorization in order to enhance one's own identity or seek improper benefits.

Impersonate someone else's name

It refers to using other people's names and pretending to be others to carry out activities in order to achieve a certain purpose.

case analysis

[Case Facts] Song Ming never expected that a joke would lead to a lawsuit, and he would end up turning against his friend in court, and he felt extremely regretful. In September 2004, Song Ming had a sudden idea and went to the Post and Telecommunications Bureau to send an urgent telegram to Shen Yang in Yunnan in the name of Shen Yang's wife Jiang Yu. The content of the telegram read: "There is an emergency at home. Come home quickly." Shen Yang After receiving the telegram, Yang believed it to be true and rushed home anxiously. Unexpectedly, it turned out to be a false alarm. In anger, Shen Yang and his wife took Song Ming to court, demanding an apology and compensation for economic and mental losses.

Does Song Ming's behavior constitute infringement? Why?

After trial, the court held that in order to have fun, Song Ming faked Jiang Yu's name and made up facts to fool others. His behavior constituted infringement and he should bear civil liability according to law. It was then ruled that Song Ming should apologize to Shen Yang and his wife and compensate them for the economic and mental losses they suffered as a result, totaling 5,100 yuan.

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Update Time: 2024-09-29

This template belongs to Moral People's Education Press Edition Eighth Grade Ideology and Morality Volume 2 industry PPT template

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