The use of stills as a poster infringement - what is the film and television stills endorsement, will infringement

Whether the use of actor stills constitute infringement

Legal subjective:

A, the use of stills whether infringement of portrait rights

If without the consent of the crew and my consent, for profit or otherwise misuse of other people's likenesses, is an infringement of the right to portrait.

Two, infringement of the right of portrait behavior how to determine

Infringement of the right of portrait behavior should be determined by the following standards:

(a) the use of other people's portraits without consent

The use of their own portraits without their consent indicates that the infringer of the portrait of the personality of other people's interests are not respected, and its behavior undermined the personal exclusivity of the other people's portraits and the integrity of the portrait, it should be sanctioned. Sanctions should be imposed. If the use of his portrait with his consent does not constitute an infringement of the right to portrait.

(2) Infringement of the right to portrait must be for profit

For profit refers to the use of a person's portrait for the purpose of soliciting customers, selling goods or directly making or reproducing the portrait into goods to be sold for profit. Without the consent of others and the use of other people's portraits for profit, not only damage the personality of the right holder, but also damage the right holder's right to use their own portraits for commercial purposes to obtain material benefits, which is legally prohibited. For example, the photo studio without my consent, not to give the negatives to the customer or the customer's art portraits stored in the window to solicit customers, that is a violation of citizens' portrait rights.

(3) the following cases are reasonable use of other people's portraits, does not constitute infringement:

1, the use of other people's portraits for public welfare purposes, such as publicity for the advanced deeds of a person, the use of photographs of advanced people in newspapers, television stations, movies, can be done without the consent of a person.

2. Taking photographs and images for news reports.

3. The use of other people's portraits for wanted fugitives and criminals.

4. Publication of photographs in search notices, etc.

Citizens who infringe on their portrait rights can demand that the infringer stop the infringement, apologize and pay compensation. If the infringer ignores the request, the citizen can file a lawsuit with the court.

Three, infringement of the right to portrait what

China's Civil Code (from January 1, 2021 implementation), Article 1018, natural persons have the right to portrait, the right to make, use, public or license others to use their own portrait.

Portrait is the external image of a specific natural person that can be recognized through images, sculptures, paintings and other means reflected on a certain carrier.

Article 1019 stipulates that no organization or individual may infringe upon the portrait right of another person by uglifying, defacing, or using information technology to falsify it. Without the consent of the portrait right holder, the portrait of the portrait right holder may not be produced, used or publicized, unless otherwise provided for by law.

Without the consent of the owner of the portrait right, the owner of the portrait work shall not use or disclose the portrait of the owner by way of publication, reproduction, distribution, rental, exhibition, etc.

Without the consent of the owner of the portrait right, the owner shall not use or disclose the portrait of the owner in any way.

This shows that the act of infringing on citizens' portrait rights should usually have two elements: one is without the consent of the person, and the other is for the purpose of profit. Common violations of citizens' portrait rights, mainly without their consent, for profit purposes, the use of other people's portraits for commercial advertising, product decoration, book covers and printing calendars and so on.

(A) infringement of the exclusive right to make portraits

In the case of photography, that is, through the photographic image of the natural person's appearance fixed on a film, paper or other material carriers, so that the image of the natural person's image into a portrait of the whole process.

The content of the exclusive right to make portraits includes: first, the portrait of the person can be based on their own needs or other people, the needs of society, they have the right to decide to self-production of portraits or by others to make their own portraits, no one shall interfere; second, the portrait of the person has the right to prohibit others without their consent or authorization to make their own portraits. Unlawful production of another person's portrait, constitutes an infringement of rights.

(2) infringement of the exclusive right to use the portrait

Portrait, once fixed on a certain material carrier (produced), so that independent of the world, can be dominated by people, use. Although the value of the use of the portrait has a universal significance, the exclusive right of use can only be enjoyed by the owner of the portrait. Its basic content is:

One is that the natural person has the right to use their own portrait in any way, and through the use of spiritual satisfaction and property gains, others shall not interfere (but shall not violate the law and public order and morals). Secondly, a natural person has the right to allow others to use his/her portrait and to decide on the remuneration to be obtained from it (this requires the conclusion of a contract on the use of the portrait, negotiated on an equal footing with the person who uses it). Thirdly, a natural person has the right to forbid others to use his/her portrait illegally.

(3) The right to defend one's portrait interests

Portrait interests are the exclusive personality interests of citizens, which cannot be interfered with or violated by others. The contents are as follows:

1. Citizens have the right to prohibit others from making their own portrait without their permission;

2. Citizens have the right to prohibit others from using their own portrait without their permission;

3. Citizens have the right to prohibit others from destroying, defiling, uglifying and distorting their own portrait.

According to China's relevant laws, the crew and I have the right to portrait on the stills, if the abuse of their portraits without their consent, it is an infringement of the right to portrait.

I want to know when writing an article, quoting the star's stills or variety show screenshots, is considered infringement?

One, write an article quoted in these pictures, as long as it is free can be used, but you can additionally write some responsible words.

You write the article need to be accompanied by pictures, and those charming scenery are free, there is no author's name, you can write at the end of the article when the picture exists, labeled as a network search.

These beautiful landscapes are images that are used by everyone, so who will also use them with the indication that it is an image without the author's name.

Sometimes some images are printed with a sense of presence in the background world of the work, so these images can be used with a sense of honor when they are used because they have been attributed to the source.

Second, when writing an article, if there is a background, do not have to indicate the source, if there is no background, you can write the source.

For example, there are some pictures are intuition network of pictures, these pictures have been labeled with the source, so you can use unlimited use, as long as you like.

For example, there are some images that need to be purchased, you can buy the presence of these images, and then you can use them as much as you want when writing articles, without fear.

Choose which images, should have which images of presence, and then when you write an article, there is some involvement with these images, you can write a clear relationship.

Using images comes with the meaning of those images.

Three, your article is all about the content of the picture, you should know where these pictures come from.

For example, there is some entertainment information has been created when the world of pictures, has been free, and also has been the source, from a certain entertainment company, you can feel free to use.

Nowadays, pictures have author circles, you can join their circles and use their pictures to your heart's content, because their pictures are the ones that are being publicized, free and paid, and you can pick and choose as much as you want.

In order to be able to write your own articles without worrying about anything, but also in order to be able to use your favorite pictures in a variety of ways, you can use the best of both worlds, the circle culture.

What is the movie stills endorsement, will infringement

The film company in the promotion of the film, not only to DVD as a carrier, there is a complete movie poster in the terminal stores, film and television companies need to use the film inside the classic stills, these stills is the actor himself is right, but the actor to take away the pay, publicity and promotion of the film artist side is not entitled to interfere.

Star film and television ip authorization, that is, the star film and television stills endorsement, we see on the market star endorsement is not necessarily the star himself endorsement, now star endorsement can easily be millions of millions of start, for small and medium-sized enterprises for the promotion of the market and marketing did not have so much budget, film and television stills endorsement is also the film and television stills of the copyright holder authorized for the film and television ip derivatives of the secondary development, to us. We are familiar with the copyright party Shanghai Film Group, Pacific Cinemas, Asia TV digital media, etc. Simply put, the film and television copyright party authorizes the client to use the photos of the star in a certain drama to carry out joint publicity and development with the product.

Still photo endorsement and the star himself endorsement for consumers to play the same effect, but for the price of the product enterprise is a world of difference, the star himself endorsement a year signing fee can easily be millions of millions of start, and the star still photo endorsement is generally only two or three hundred thousand can be, so for small and medium-sized enterprises can quickly shape their own brand image and brand awareness.

The star in the film and television drama before, during and after the film and television company must let their own photos, that is, the right of portrait to cooperate with the film and television company's publicity

This itself belongs to the film portrait copyright, because the star in each film after the obligation to provide stills with the film publicity. So its legal significance here is reasonable and legitimate. In the use, can not write spokesman, can write a star to help a brand, and with a line of small letters with the name of the movie. Film and television IP authorization, so that the brand has a reason, a legal basis for reasonable and compliant use. This is the film and television production company's commercial authorization behavior, is the second development of copyright. The authorization of film and television IP is reasonable and legal.

Reasonable and compliant use, is to spend a small amount of money to do great things, with the price of more than 100,000 pry tens of millions of my endorsement effect of the lever.