Source: Southern Character Weekly WeChat account
Author: Han Ruxue
Recently, a street shooting video in Taiku Li, Chengdu has attracted public opinion.The street shooting has been long for a long time. With the rise of social media and short videos, it is becoming hotter. As a new technical means to impact the refraction point of the original public life, street shots are gradually falling towards the double -line scores of art and law.
As early as 2019, Chengdu Tai Guli issued a post to prohibit commercial street shooting and "protect the right of personal portraits", but open social media, "street shooting" pictures and short videos are everywhere.In other places, street shots are not reduced.
How to clarify the artistic and legal border of street shots?In the discussion of filmmakers and lawyers with the street, we tried to answer this question.
Press the shutter to the street
An old red bicycle, such as a day, appeared on the streets of 57th Street and Fifth Avenue in New York for decades.The dark blue French worker is equipped with khaki trousers since 1996 aiming at the street fashion of New York, which belongs to the story of Bill Cunningham.
At night, he will put on a shirt and suit, and the fluorescent yellow and orange -colored striped vest worn by the road workers will continue to ride the red bicycle and cross the city to shoot the banquet of the upper society.The unchanged is an old -fashioned Nikon camera in his hand.
Until the last few months of life, Kanning Han still traveled on the street by bicycle. He wrote in the New York Times: "I have been filming in various places and should be kept low -key as possible. MineThe main goal is to make yourself invisible, so that the photos you captured will be more natural. "Kanning Han is known as" Legendary Fashion Street Photographer "., I will go out. Once I stand on the street and see the crowd, I feel more comfortable. "," I feel the street is talking to me. "
This is a typical street shot. Street Photography is a form of photography in public places (usually urban streets) to capture daily scenes in a natural state.Street photographers almost choose strangers as their own shooting objects.As early as the 1990s, street photography began to emerge. During the heyday of the 1970s, the aesthetics with peeping were introduced into art galleries and museums.The shooting that has not been known or agreed beforehand, it will sometimes cause controversy in terms of morality, but street photography has always been regarded as an important art school in the field of photography.
Canninghan's style belongs to the past. The reporter from this magazine and photographer who has been engaged in street shooting for decades and is still active on the street Chang An. He quickly mentioned the latest regulations of the Chinese Civil Code. On January 1, 2021The law implemented by the effective implementation stipulates that "without the consent of the portrait of the portrait, the right holders of portrait works shall not be published, copied, distributed, leased, exhibitions, etc., or disclose the portrait of portraits."You must get the consent of the photographer with your own street taking pictures.
From the perspective of street photography, the shooting of Chang An is being restricted by more and more, and the risks they face are also increasing.
Chang'an is tall and fast.He shuttled on the street, always smiling on his face, and the laughter of "haha" was often accompanied by each other. That was also a good way to relieve the atmosphere after shooting.
Long -term street shooting will inevitably produce friction.After accumulating years of experience, Chang An has almost no conflict with people now."Take at least three or four hours a day, so you can always catch good." He emphasized, "You must have good physical strength."
The rules are the self -setting of Chang'an. In addition to the Civil Code, he also read the picture editor manual to understand the relevant industry specifications.The clauses are in reality. Street shooting may face complaints, and will face the photographer reporting the police. He will apologize and explain. Some people who have conflicted with him finally become friends. "There will be different interactions and transformations.Possibly. "
"What is the purpose of the shooting?" Chang An admitted, "Some of them were filmed to show off the beauty, and they were sent out immediately after shooting.Do, "I haven't posted things in the streets for a year or two, all of which are sent out in the past 5 or 10 years.
There is no "acquiescence" in the law
Compared with Chang An's methodology explored in reality, the laws of law are more clear and specific.
Wan Miaoyu, a lawyer of Sichuan Dingyu Law Firm, told Southern Character Weekly that the earlier laws of the Civil Code that took effect in 2021 have a clearer regulations for portrait rights, eliminating common abuse and infringement of portraits of portrait rights.The basis of legitimacy, "Without the consent of the portrait of the portrait, the right holders of portrait works shall not be used or disclosed the portrait of the portrait of the portrait of the portrait of portrait., You must get the clear consent of the portrait of the portrait. "
Unlike the common understanding of the public, Lawyer Wan Miaoyu emphasized that the civil code stipulates that infringement of portrait rights does not make profitability. "Even the works that are shot are not spread and spread.Street shots are also facing the legal risk of infringing portrait rights in civil legal relations. "
"Ge You Lie" is a typical judicial case involving portrait rights infringement. It can also reflect the reality constraints of the current law of the current social media era. Lawyer Wan Miao Yan explained."Ge You Lie" was previously included in the 2016 Internet hot word. The entry comes from the well -known actor Ge You Ji Chunsheng in the TV series.Netizens named "Ge You Lie".
Many new media accounts have been in the name of "Ge You Lie" hot spot marketing. The relevant emoji packages can be seen everywhere, and later the actor Ge You filed a lawsuit.Judicial data shows that as of late March 2023, the China Magistrate Book Network announced a total of 544 cases related to "Ge You Lie". Ge You's victory rate reached 99.6%.
"In the case of Ge You's lay down, the per capita infringement was used by Ge You's image in the TV series without obtained Ge You's clear authorization.The support of the court, "Wan Miao Yan analyzed that the most important significance of the case was that the court's effective judgment introduced the judicial concept of portrait rights into daily life, so that the public had more concept of" portrait rights ".Deep understanding: Can't just use others' faces to make a joke.
The protection of the right to portrait also has exceptions.There are five exceptions to the use of portrait rights in the civil code:
For personal learning, art appreciation, classroom teaching or scientific research, use the portrait of portrait rights in the necessary scope;
For the implementation of news reports, the portrait of the right of portrait owners inevitably produced, used, and disclosed;
To perform their duties in accordance with the law, state organs produce, use, and disclose portraits of portrait owners within the necessary range;
In order to show a specific public environment, the portrait of the rights of piclated rights owners inevitably produced, used, and disclosed;
In order to protect the public interests or the legitimate rights and interests of the portrait of portrait, other behaviors of the portrait of the portrait of the right of portrait.
"This clause excludes the situation that can be used legally from the legal level. In other words, except the above lawIn addition to five situations, the use of portrait rights without authorization is illegal."Lawyer Wan Miao told this magazine reporter that for the recently -discussed Chengdu Taikoo Li Street shooting storm, she believes that according to the existing video materials, it can be confirmed that the woman who was shot clearly waved to the photographer,"The woman and the street shooting filmmaker waved greeted, which was an emotional expression of acquiescence.Like Yangzhao's taxi, she can be willing to be willing to be shot from her specific positive behavior of waved their hands.And according to her age and intelligence level, she can determine the consequences of her knowing street shots (uploading the network)."Wan Miaozheng added," According to the legislative spirit of the Civil Code, an important foothold for the protection of portrait rights is the consent of the portrait owner.People have the right to use portrait works."
A reporter from the Southern Character Weekly noticed that there are also relevant professionals believe that in the authorization of portrait rights, we should adhere to a clear and stricter standard. "People should clearly authorize to use it for business. Obstruction may not be regarded as the abandonment of the portrait of the portrait of the portrait, or the expression of acquiescations does not mean legal consent. "
As early as 2019, Taikoo Li, Chengdu, Sichuan, issued a document to prohibit commercial street shooting.Taikoo Li also set up a warning sign, "to raise awareness of prevention and protect personal portrait rights." There are similar warnings in the business districts such as Sanlitun, Shanghai, Shanghai, Shanghai, and Shanghai. On the other hand, street shots in such places have never stopped.
For the public opinion storm that was taken by the street, Wan Miaoyu emphasized the reporter of the Southern Character Weekly that Article 47 of the Constitution clearly protects the freedom of artistic creation in the Constitution. "But it must be emphasized that citizens are exercising their own selfDuring the legal rights, the bottom line is not infringing the legitimate rights and interests of others. This is the case in street shooting. Any artistic creation must be legal. This is the bottom line. "
From a legal perspective, there is no acquiescence, which requires written consent.The street shooting in reality can generally be divided into two categories. One is that the photographer clearly agrees with the business activities, and even agreed with the photographer's "street shooting"; the other is that street photographers randomly capture "passers -by" on the street to conductShooting, in the latter's situation, the photographer may feel offended. If they do not agree, it is the legal level of portrait.
When the phone has a camera
"It seems that from the start of the phone with a camera, all kinds of problems follow," Changan expressed his feelings with decades of street shooting experience.
He mentioned the case of street capture. In 1981, the US President Reagan's street assassination was assassinated. Photographer Salgado just took a picture and took 76 photos in 1 minute.In the period when television media was underdeveloped, Salgado took out some of these photos and sold it to newspapers and magazines. The photographer received huge revenue at the same time, allowing him to buy in the most luxurious location in Paris, France.Go down the villa.
"The situation in the era is different," Chang An analyzed that today entered the era of national communication. There were cameras on mobile phones. When everyone participated in street interaction, all kinds of problems also appeared.He took his street photography as an example. The shooting target may be a couple, but it may be that the two people broke up. He took out the photo to show that the photographer might be reluctant, which there was the risk of the defendant.According to the new regulations of the Civil Code, Chang'an will face trouble.
In the streets of the commercial districts with "net red" color in the streets of Taiku Li, Beijing Sanlitun, Shanghai Wakang Road, street shooting can be seen everywhere."The photography circle calls these photographers' old mage", "Chang An analyzed." These old mages often appear on the streets of the above -mentioned online celebrities to find things that can bring people, send these photos or videos to forums, socializingThe media, get a little praise. This is their model that gives some adjustments to the peaceful life. But some beauties are willing to show, some are unwilling, and the reality is that many photographers are "siege ', and the subject is inA state of isolation. "
In Chang'an's view, in the era of national communication today, the concept of privacy still exists.For example, a certain organs on the street are not suitable for display, which may be facial scars, but the photographer wants to show it very much. It is a harsh infringement for the subject.In order to obtain the interests of the release, ignoring the willingness of the photographer, this violates the morality of the practitioners, "as bad as the stolen behavior."
In the storm of the Taikoo Li street shooting, video photographer and photographer Xiaomi said in an interview with the media that after the video was released, the parties received private messages. At present, the video has been deleted. Street shots should respect the wishes of the people.
Changan's current street shooting exists in his storage plate, and has hardly released the current shooting in the past few years."My photos are more such cycles in the past 5 years and 10 years. Now people are anxious and impatient. I hope to get instant realization and no precipitation." He remembers a photo called Victory's Kiss in the history of street shooting.The main body is a scene where a soldier and nurse kiss on the streets of the war.Decades have passed, and many women claimed that they were the nurses at the time. This street shot became classic and legend, and sometimes people also confess to be "painters in paintings."
In the hot street shooting and real -time release of the current disturbing, lawyer Wan Miao Yan admits that the right to portrait of portraits is widely existed, but not every photographer will defend rights and litigation at the legal level.Professional street photographers often know such "infringement". From the perspective of legal dimensions, publicity is public, and the default everyone knows."Many people do not follow because they do not know, but take into account the choice after the income and risks."
This choice may not always be legal or correct. There have been contradictions and conflicts. While facing risks, they continue to shuttle. Chang'an responds to similar street shooting storms. "There are always bad things outside.Review yourself, what role you play in it, and for what purpose ", and this answer itself is open.
