Guo Tingting

"This high cranial curls are perfect for you!" In an internet celebrity barber shop, Tony, the styling director, is recommending the season's hot hairstyles to the hesitant Ms. Wang. After repeatedly confirming the promise of "never overturning", Ms. Wang finally sat in the hair dressing chair.

A few hours later, looking at the refreshed French lazy roll in the mirror, Ms. Wang couldn't help but raise her phone to take a selfie. At this time, Tony suddenly took out the professional camera from the workbench: "Such a beautiful shape must be left as a souvenir!" Seeing that the barber's picture was taken well, Ms. Wang also came to the electronic version and deposited it on her mobile phone.

No one expected that this seemingly ordinary "customer photo" would quietly appear on a life service platform a week later. Under the eye-catching title of "Click to grab the same designer", several comments poured into the photo: "The young lady has a lot of admiration" and "Is this a real customer?" It's so beautiful. What made Ms. Wang even more "frustrated" was that the merchant not only did not do any facial treatment, but also pinned her photo to the top of the store display area.

Looking at her photos, Ms. Wang was furious: "There is not even a mosaic in the photo, and my colleagues laugh at me for being a part-time childcarer!" But the barbershop owner's reply made her even more angry: "You didn't object to taking pictures at that time?" We're here to help you get the word out for free!" After three consecutive weeks of "see-saw" communication to no avail, Ms. Wang took a screenshot of her mobile phone and came to the Baibuting Community People's Court of the Jiang'an District People's Court of Wuhan City.

After the court accepts the case, the preliminary mediation procedure shall be initiated with the consent of both parties. During the mediation, the barbershop owner felt "inexplicable" - "Isn't it normal for any merchant to use customer photos to promote without taking pictures now?" ”

"You are ......a misunderstanding," Judge Zhou Jing took out the Civil Code and pointed out the key paragraph to the barbershop owner: "'Without the consent of the portrait rights holder, the portrait rights holder shall not use or disclose the portrait of the portrait rights holder by means of publication, reproduction, distribution, rental, exhibition, etc.' - when the merchant retains the customer's image, it must clearly inform the scope of use, especially when it involves commercial publicity, 'silence does not mean consent', and Ms. Wang cannot use it without explicit consent." ”

Under Zhou Jing's patient mediation and meticulous popularization of the law, the barbershop owner finally realized the problem, "We post photos on the platform, and sometimes on Moments, mainly to promote our skills...... Now I know that you can't just use a customer's photo. In the end, the two parties reached a mediation agreement, and the barbershop owner deleted the photos and related comments on the spot, and compensated Ms. Wang 500 yuan.

The judge reminded: "Propaganda has boundaries, and consent cannot be saved." ”

Portrait rights disputes mostly stem from the vague legal cognition of some operators. The consumer's consent to be photographed when receiving the service does not mean that the operator acquiesces in the public use of his or her likeness. Publicity through online platforms is essentially a commercial act, and the explicit consent of consumers should be obtained in advance.

If the operator needs to use the customer's image for publicity, it must notify in advance and clearly explain the purpose of the shooting; Review afterwards and reconfirm the customer's consent before publishing; If the customer requests "coding" processing or deletion, it should respond in a timely manner. At the same time, pay attention to blurring customers who are not interested in entering the camera.

For consumers, after discovering that their photos have been used by merchants without consent, they should pay attention to retaining evidence in a timely manner, immediately take screenshots and screen recordings, and actively negotiate with merchants to delete them; If the negotiation fails, you can complain to the platform for removal, or file a lawsuit to stop the infringement and compensate for losses.

A photograph carries the dignity of human dignity and legal dignity, and in the Internet era, it may not only become a sharp weapon for business operators, but also become an "ironclad evidence" of infringement. Only by respecting the rights and interests of consumers can operators win the trust of the market; Consumers can also defend their rights and say "no" to infringements. (Kang Tae-yang)