"Rights in Portrait and Name" Protecting Our Personal Dignity PPT Courseware 3

Description

"Rights in Portrait and Name" Protecting Our Personal Dignity PPT Courseware 3

rights in likeness

1. What is a portrait?

2. What is the status of portrait rights in personality rights?

3. What is portrait right and its specific content?

4. How do minors exercise their portrait rights?

5. What are the characteristics of portrait rights?

6. Infringement of portrait rights?

7. How to protect portrait rights?

1. What is a 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.

2. The status of the portrait - the personality symbol of the person in the portrait.

feature:

a The subject of rights can only be a specific natural person (not a legal person)

b. The basic interests reflected in the right of portrait are spiritual interests.

c The right of portrait has obvious property content (the advertising star is beautiful or ugly)

d. Portrait rights belong exclusively to natural persons (Liu Xiang’s lawsuit)

e Reusable and renewable (facelift)

Elements of behavior that infringes on portrait rights: (specific manifestations)

1. Any use of a citizen’s portrait for profit-making purposes (advertising, magazine covers, calendars) must obtain the consent of the person who owns the portrait right, otherwise it will constitute an infringement.

2. Maliciously damaging, tarnishing, and besmirching citizens’ portraits.

3. Personal attacks using portraits, etc.

Not an infringement of portrait rights

(1) For news reports, it is necessary to use portraits of newsworthy figures, such as politicians, diplomats, famous scholars, artists, and athletes.

(2) State agencies are forced to use citizens’ portraits when performing official duties, such as portraits of suspects on wanted warrants.

(3) Use portraits of people who will attend specific activities on specific occasions, such as portraits of people participating in rallies, festivals, etc.

(4) Use for personal benefit or social public interest, such as photos on missing person notices; use for legitimate public opinion supervision

(5) Use other people’s portraits within a certain scope for scientific research and cultural education purposes, such as displaying patient photos in professional newspapers and periodicals for clinical medical teaching and research.

(6) Photos and videos of behaviors that violate ethics and laws

"General Principles of Civil Law of the People's Republic of China"

Article 100: Citizens enjoy the right of portrait, and no citizen's portrait may be used for profit-making purposes without the consent of the citizen.

Article 101 Citizens and legal persons enjoy the right to reputation, and the personal dignity of citizens is protected by law. It is prohibited to damage the reputation of citizens or legal persons by means of insult, slander, etc.

Article 120 If a citizen's right to name, portrait, reputation, or honor has been infringed upon, he or she has the right to demand an end to the infringement, restoration of reputation, elimination of the impact, apology, and compensation for losses.

Discuss

Borrow the names of soldiers whose families have financial difficulties to send money to their homes or help vulnerable groups such as the elderly, the young, the sick and the disabled in the name of others. Is this considered a violation of citizens’ right to name? Does it violate the principle of being a person with integrity?

Activities and Inquiry

Case 1: Girl Jin, 17 years old, beautiful, graceful and decent, especially her black hair, loved by everyone. One day, Miss Jin accidentally discovered that her profile picture (taken at a party with friends) was used as the trademark pattern on the packaging box of a new type of hair gel produced by a Jiemei company, so she negotiated with the relevant personnel, but to no avail. As a last resort, take the case to the People's Court.

1. Can the court refuse to accept the case because the plaintiff is under 18 years of age? Why?

2. If accepted, how will the case be handled?

Using a mobile phone with a camera to take photos and save them without the permission and knowledge of others, but without any personal attack or vilification, is this considered an infringement of portrait rights?

Learn and apply in practice - "I will be the judge"

Chen violated traffic rules by crossing the guardrail in the middle of the road and was photographed by Wang. Wang sent the photo to a newspaper for publication, causing public opinion to condemn this behavior that was neither social morality nor traffic regulations. After Chen found out, he accused Wang of infringing on his portrait rights.

Question: Did Wang infringe on Chen’s portrait rights?

If it is not for profit or malicious, criticizing immoral phenomena is a normal exercise of the right to supervise public opinion and does not constitute an infringement of portrait rights.

Photos and videos of behaviors that violate morals and laws are not infringements of portrait rights; photography in news reports, artistic photography in magazine illustrations, photos of participating in social activities, photos on missing person revelations, photos of wanted criminals, etc. It does not constitute an infringement of portrait rights.

Summary of this box

2. Rights in portrait and name

(1) Safeguarding the right to name

The relationship between name and personal personality

The meaning and content of name rights

The manifestations and consequences of infringement of the right of name

(2) I have portrait rights

The meaning and function of portraits

The meaning of portrait rights

The manifestations and consequences of portrait right infringement

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For more information about the PPT courseware "Maintaining Our Personal Dignity, The Rights in Portraits and Names", please click the "Maintaining Our Personal Dignity, The Rights in Portraits and Names" ppt tag.

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Update Time: 2024-08-30

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

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