How did the artistic photo I took two years ago become the 18-year-old "Little Hundred Flowers" actor of "Mom of the Years" who encountered difficulties in defending his rights. There are hundreds of suspected infringing accounts, and it is difficult to find the responsible person
There is a picture at the beginning, and the content is all edited-this happened to He Qingqing, an actor of Zhejiang Xiaobaihua Yue Opera Troupe.
In the past month, He Qingqing not only swiped it by himself, but also received video screenshots from more than ten different friends.
The videos are almost the same, they are all about an old grandmother in her 90s who maintains an elegant and beautiful image. It says "(grandma) 18-year-old photo is so beautiful", but the photo of He Qingqing is used.
"This is a photo I took in 2020, how can it become an 18-year-old photo of a 90-year-old grandma I don't know?" He Qingqing was very confused.
In fact, similar cases of private photos on the Internet have been suspected of being stolen many times.
How to protect our photos?
How to fight back against photo theft?
He Qingqing told Qianjiang Evening News and Hourly News reporter about her rights protection process.
Photo stolen from two years ago, blocked after contacting alleged infringer
The photos allegedly stolen are from the same set of artistic photos taken by He Qingqing two years ago.
In this group of photos, He Qingqing has thin eyebrows, curly hair, and wears a cheongsam in a typical retro style.
An emotional account of Douyin suspected of infringement put a comparison photo on the video screen.
On the left is the old grandmother, on the right is He Qingqing.
Together, the two photos become the story of an old lady who used to be a eldest but is still elegant today.
At the bottom of another WeChat public account, He Qingqing's photo was placed next to a photo of an old man, and it was written: She has been married twice, and the 6 richest people have never married her in her life; the wrong love in her life will amaze the world - it is for the net Text flow.
"Your photos have been stolen!" After receiving the forwarding from friends, He Qingqing contacted the account that posted the video twice. "One account deleted the video, and another blocked me, but the video is still on the top." He Qingqing once reported a video, and then the video was deleted by the platform, but new videos still appeared continuously.
On March 23, He Qingqing posted a clarification video on his Douyin account.
He Qingqing said that I hope everyone will not deceive others in order to gain traffic. A good platform should have the dissemination of real and positive energy, not fiction.
"But this clarification video has only 135 likes." He Qingqing said.
The video of the stolen photo has more than 50,000 likes so far, and there are people who refute the clarification in the comments: you are jealous of her, this is a person...
There are at least hundreds of accounts suspected of infringing, and it is difficult to find the responsible person
In 2020, this group of photos of He Qingqing was released by the "Guzi Cheongsam Photo Studio", which edited photos of many models including He Qingqing.
As of the time of publication, the video had received more than 2,000 likes and was pinned to the top of the account's homepage, with a photo of He Qingqing on the cover.
The manager of the "Guzi Cheongsam Photo Studio" told reporters: "Our founder paid He Qingqing to be our model to shoot the work. Now the situation of misappropriation is very serious, many platforms are misappropriating in various forms, and it is very troublesome for us to protect our rights. "They have consulted a lawyer, and the other party suggested a negotiated settlement.
Currently, every time they find a video of alleged misappropriation, they report it and warn the other party to remove it.
Under normal circumstances, the infringing account will delete the video.
"We are really saddened that the works created by our studio have been misappropriated like this!" The manager said that there are at least hundreds of accounts suspected of infringing, and it is difficult for them to directly find the person in charge of the account and platform. There are too many, including official accounts, novel promotion advertisements, Taobao product maps, Douyin, Xiaohongshu, Weibo, etc.”
In some videos, the old man who took a comparison photo with He Qingqing was called "the mother of the years".
The reporter found that there is indeed a "year mother" on the short video platform with more than 3 million fans, and the pictures she posted were also used to compare with He Qingqing.
The introduction of the account of "Suiyuemama" reads: The 94-year-old mother was born in 1928 and used to be the eldest young lady; now the 94-year-old mother has many children and grandchildren, and she lives a happy and happy life.
The videos posted by the account mainly focus on the daily life of the elderly.
The reporter contacted the account and asked if he knew of the suspected misappropriation of the photos, but no response was received as of press time.
He Qingqing has no plans to take the legal route so far: "It takes too much time, and I have been very busy recently."
At the beginning, He Qingqing felt that this had little effect on her, and she kept persuading herself, "Forget it, it's okay, just use it if you want."
But as the number of videos increased, He Qingqing also saw similar videos.
He Qingqing saw someone leave a message in the comment area: The old lady is young, so beautiful and very fashionable; I hope the old lady's daughter will order some fashionable clothes for her mother; it is absolutely true, she is the most beautiful old lady I have ever seen. elder sister……
He Qingqing felt that she should act again: "If it's real, of course it's touching, but it's all fake. Everyone watched the video with so much real emotion, but they were deceived by the fake video." She believes that the short video platform It should play a role in auditing to reduce the appearance of false information.
What to do if a photo is stolen
Lawyers suggest to preserve evidence and complain to the platform
Before He Qingqing, the phenomenon of suspected theft of photos on the Internet also appeared many times.
The photo of the blogger "_Niki Jun_" and her grandfather was forwarded and rumored to be "73-year-old Dongguan Qingxi entrepreneur married a 29-year-old Guangxi beauty, 880,000 gift money + 880,000 two-bedroom apartment + a luxury car." , Netizens who spread rumors were detained, and "_Niki Jun_" is still defending her rights.
Another girl's photo was allegedly stolen, and she was called "the queen of the sea". She spent 200,000 yuan for her boyfriend a year in love, and opened a room with hundreds of boys.
As a result, the girls received a lot of abusive private messages.
At present, the girl has decided to sue the platform.
What should I do if my photos are suspected of being stolen?
Zheng Jingjing, a lawyer from Zhejiang Jingheng Law Firm, who once represented the case of "Women who took express delivery was derailed by rumors", was interviewed by reporters.
Attorney Zheng Jingjing believes that He Qingqing's photo was suspected of embezzlement, which obviously violated her portrait rights, and she can claim damages from the infringer.
However, considering that the use of this photo did not vilify or insult her public image, nor lowered the public's evaluation of her, nor caused a negative impact, it is difficult to say that her actions have caused serious consequences for the girl.
Therefore, it may be difficult to claim mental damage consolation money in this infringement lawsuit.
According to the current "Civil Code of the People's Republic of China" (hereinafter referred to as "Civil Code"), Article 1019, paragraph 1, "No organization or individual may infringe on the portrait rights of others by means of defamation, defacement, or forgery by means of information technology. .Without the consent of the person with the right to portrait, the portrait of the person with the right to be liked shall not be produced, used or published, except as otherwise provided by the law.”
It should be noted that the "Civil Code" has deleted the original provisions of the "General Principles of the Civil Law" that the infringement of the natural person's portrait right "for profit" has strengthened the protection of the portrait right.
That is to say, according to the provisions of the Civil Code, unless otherwise stipulated by law, as long as the act of making, using, and publishing the portrait of the person with the right to portrait is without the consent of the person with the right to be liked, it is a tort.
Lawyer Zheng Jingjing specifically mentioned that, especially in the Internet environment, there are a large number of non-profit infringements on portrait rights, such as in the form of vilification, abuse, exposure, or pranks.
In fact, the incident of "a woman taking a courier was rumored to be derailed" is also based on the infringement of portrait rights, which is a situation where the portrait is maliciously performed by others, which is particularly bad.
In addition, legally protected portraits are not just external images that are exactly the same as one's own, but also include images that are not completely real that have been artistically processed or post-processed.
If the owner of the original image can be clearly identified through the PS-processed photos according to the cognitive standards of ordinary people, then the misappropriation of the P image still constitutes an infringement of the portrait right.
Lawyer Zheng Jingjing suggested that after discovering that your photos have been stolen, you must first preserve the evidence of infringement, especially the evidence of online infringement, and you need to preserve the evidence in a timely manner.
After the evidence is preserved, you can file an infringement complaint with the online platform and request the platform to remove the photo or video from the shelves in time.
If the platform fails to take necessary measures in a timely manner after receiving the infringement complaint, it shall be jointly and severally liable for the loss of the enlarged part.
According to the law, when the portrait right is infringed, in addition to filing a personality right infringement lawsuit, you can also apply for a personality right infringement injunction.
Our reporter Chen Xinyi