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几乎所有的摄影记者都不得不面对这样一个现实,那就是如何使自己不成为侵权被告,因为越来越多的人开始懂得维护自己的肖像权。不过,近几年的肖像侵权诉讼案大多集中在以营利为目的的商业广告中。因此,在摄影记者的采访中,逐渐形成了一种共识,那就是只要摄影记者拍摄的人物不是用于以营利为目的的商业广告中的产品宣传,只要不是歪曲、贬损被采访人物的形象,只要不涉及和暴露被摄人物的隐私,报道中只要不涉及18周岁以下的未成年人形象或进行了一些遮挡眼睛的技术处理,那么,摄影记者拍摄的人物照片就可以放心大胆地在公众媒体上使用。 然而,这种共识已被一桩侵害肖像权的诉讼案打破了。1999年9月20日,《中国人口报》在第四版刊登一篇题为《幸福的晚年需要口腔健康》的文章中配发一幅老人的照片,该照片是作者王希宝在1993年偶遇九旬老人周
Almost all photojournalists have to face the reality of how to keep yourself from being an infringing defendant because more and more people are beginning to understand how to defend their portrait rights. However, most of the portrait-based infringement cases in recent years have focused on commercial advertising for profit. As a result, a consensus has gradually emerged in the interview with photojournalists that as long as the characters photographed by the photographer are not the products advertised in the commercial for the purpose of profit-making, as long as they are not distorted and detract from the image of the interviewee, As long as the privacy of the photographer is not involved and exposed, as long as the coverage does not involve the image of minors under 18 years of age or some eye-shadowing techniques, photographs taken by photographers can be used with confidence in the public media Use on. However, this consensus has been broken by a suit that infringes portrait rights. On September 20, 1999, “China’s Population Newspaper” published an article entitled “Oral Health in a Happy Old Years,” which was distributed on the fourth edition with an image of an elderly man who encountered Wang Jibao in 1993 Ten weeks old