I believe that many people have had such an experience, when riding amusement facilities in large amusement parks, being taken photos without defense, sometimes even do not know where the lens is, after a bunch of dazzling flash, successfully harvested a gray black photo in the tourist area。At the end of the experience, each visitor's photo will be displayed on a large screen, and visitors will have to pay an extra fee if they want to get the photo。A law student has filed a lawsuit against Shanghai Disney for taking, printing and selling photos without guests' consent, sparking heated debate online。Changjiang News column reported this。
Wang, a law school student at Soochow University, sued Disney for violating privacy and portrait rights after being photographed while visiting the park。He argued that the privacy policy at the time of ticket purchase did not adequately alert tourists to the possibility of being filmed and did not exempt them from liability。Internet users expressed support for the rights, but others argued that the scenic area's provision of services is not illegal。Then the scenic spot also charges for taking tourists' photos, whether it violates the relevant provisions of the law？Hubei Luojia Law firm lawyer Yang Hanyu was invited by Changjiang News column to interpret the relevant legal details。
Lawyer Yang analyzed that according to Article 1019 of the Civil Code, without the consent of the portrait right holder, the portrait of the portrait right holder shall not be made, used or made public。Without the consent of the portrait right holder, the right holder of the portrait work shall not use or make public the portrait of the portrait right holder by means of publication, reproduction, distribution, rental, exhibition, etc。If the scenic spot wants to take the portraits of tourists, or use the portraits taken for commercial activities, it must obtain the consent of tourists. If the scenic spot takes photos and sells them without the consent of tourists, it infringes the tourists' portrait rights and is suspected of illegal。
In addition to automatic photography in these rides, some scenic spots also have a service called Lepatong, which is taken by photographers, and tourists can register to view it online and choose whether to buy it。According to the Privacy policy, these photos must be claimed within 45 days of being taken, photos that are not claimed within 45 days will no longer be available, and photos that are claimed will be viewable within 90 days。Once shared, downloaded and purchased, the photos will be permanently deleted。Yang lawyer said，From the tourist notice and privacy policy published by the scenic spot，The terms signed by visitors when entering the park agree to be photographed are standard terms，This clause does not inform or explain visitors，And there is no opportunity for visitors to refuse，It is a forced agreement，Ignoring the tourists' right to know and to choose，The agreement is invalid，It is not binding on visitors。
According to Article 26 of the Law on the Protection of Consumer Rights and Interests, business operators shall not make unfair and unreasonable provisions to consumers such as excluding or limiting consumer rights, reducing or exempting business operators' responsibilities, and increasing consumer responsibilities, and shall not use standard terms and force transactions with the help of technical means。Yang lawyer pointed out that if the camera used to shoot the scenic spot also has face recognition function, and even the captured face is illegally stored in the scenic spot, suspected of illegal collection of face information, improper storage of the scenic spot, it may also cause adverse consequences after the disclosure and loss of tourists' personal information。Scenic spots need to bear civil tort liability, including apologizing, compensating for losses, eliminating the impact and so on。If it involves illegal trading of citizens' personal information or contains hidden content, it may also involve criminal offences。
So, how should tourists defend their rights when they find that the scenic spot has taken photos without permission？Yang gave several suggestions:
First, you can negotiate with the scenic spot, ask the photographer to remove the photo, and destroy the electronic copy。
Second, third parties such as consumer associations and tourism associations can be requested to intervene in mediation。
Third, complaints can be made to relevant departments such as the tourism Bureau。
Fourth, file a civil lawsuit with the court。Relevant documents may be required in the process of safeguarding rights。Pay attention to the retention of travel schedules, travel contracts, invoices, photos, receipts, audio, video, chat records and other materials。
Introduction of lawyer Yang Hanyu
Yang Hanyu, female, Bachelor of Law, Zhongnan University of Economics and Law, full-time lawyer of Hubei Luojia Law Firm。He has worked as a clerk in the court and has rich experience in handling cases and litigation skills。At the same time, he has served as legal counsel for several enterprises such as Hubei Radio and Television Station and Hubei Changjiang Broadcasting Advertising Co., LTD., providing clients with legal advice, legal document drafting, contract review and other legal services。