A lady in a floral dress walked through Sanlitun Square in Beijing, attracting many photographers to follow.
□ Our reporter Pu Xiaolei
□ Intern of this newspaper Rollin Wang Wen/map
Recently, Taikooli in Chengdu, known as the "Holy Land of Street Shooting", suddenly lost a lot of street shooters.
It turns out that in order to protect the public’s right to portrait, Taikooli erected a signboard of "improving the awareness of prevention and protecting the right to personal portrait", and the civilized code also stated that it is forbidden to take pictures or shoot without permission. At the same time, street shooters here must apply for a "shooting license".
The street shooting in Taikooli, Chengdu has cooled down, while the street shooting in Sanlitun, Beijing is still hot.
According to a survey conducted by the reporter of Legal Daily, after 3 pm every day, the number of street shooters in Sanlitun will gradually increase. From occupying favorable terrain to finding targets, from capturing photos to following photos, street shooters are extremely skilled in their business.
Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law, pointed out in an interview recently that street shooting can be seen everywhere in the streets of major cities, but this common behavior has brought troubles to the photographers, and citizens’ right to privacy, portrait and reputation has been repeatedly violated.
"In the Internet age, street photos often spread on the Internet, causing great troubles to the parties. To solve this problem, the responsibility of relevant network platforms is the key. It is suggested that in the personal information protection law, the duty of care of relevant network platforms should be further strengthened, and it is required to take necessary anti-infringement measures to reduce the occurrence of infringement. " Xu Hao, a lawyer at Beijing Jingshi Law Firm, said.
Street photos of beautiful women can get more traffic.
In Sanlitun, the enthusiasm of street shooters is as hot as the temperature in summer of beijing.
After 3 pm on July 27th, the number of street shooters in Sanlitun, Beijing increased one after another. They were carrying "long guns and short guns", squatting at the intersections of the square, debugging their equipment and carefully selecting the shooting targets among the crowd.
The reporter found that the subjects were basically fashionable ladies, among whom ladies wearing suspenders, tube tops, hot pants and mini skirts were more popular. Once there is a beautiful woman dressed in fashionable and cool clothes, these street shooters will not only press the shutter in the distance, but also many people will run forward to shoot at close range.
Some women have no idea that they have been photographed, some women look dumbfounded when they see such a scene, some women cover their faces with their hands and leave quickly when they find that they have been photographed, and some women clearly wave their hands to express their refusal … … But no matter how the ladies react, the photographer will "persevere" to catch up and shoot.
Just as the reporter was observing the shooting scene of street shooters, suddenly there was a commotion around him.
It turned out that a lady in a floral dress attracted many photographers to trot and shoot when she crossed Sanlitun Square. The lady kept walking, and these photographers followed her. Until she walked out of the square, photographers still came forward to talk to her.
"I have a large number of fans in Weibo, which is one of the big V’s, and the pictures of street beauty are particularly concerned. Just looking for a beautiful woman and a WeChat friend, I want to have long-term cooperation in the future. " A photographer "teaches experience" to reporters like this.
Under the influence of flow economy, it is not uncommon to make profits by infringement.
In the Internet age, with the help of technology and new media, street shooting has been regarded as a profit-making tool — — Street shooters publish photos on Weibo, WeChat WeChat official account, Tik Tok, Aauto Quicker, Hupu and other online platforms, so as to improve the click-through rate and attention, and achieve profit-making purposes by attracting traffic.
In the eyes of street photographers, it is not so important whether the photographed lady is infringed when taking and publishing photos.
Zhu Wei pointed out that the photographer has the right to shoot, and the parties have the right to refuse. When the photographer explicitly refuses, this shooting behavior should stop immediately. The act of uploading the photos to the Internet platform, whether it is used for profit or not, does not affect the establishment of infringement of personal portrait rights.
"In the Internet age, those who get traffic get the world. In most cases, with traffic, they can be realized. Therefore, street shooters who post photos online to pursue traffic, whether they cash out at that time or not, can be regarded as a profit-making behavior. " Xu Hao said.
Although infringement is ignored by online platforms.
In recent years, short videos represented by Tik Tok, Aauto Quicker, etc. have become popular, and all major platforms encourage the public to become photographers, taking pictures of people and things they meet in their lives. As everyone knows, there are many legal risks in the act of street shooting.
In 2016, a photographer happened to encounter a contradiction between a man and a woman on the street. The photographer raised his mobile phone, filmed the process of the man beating the woman, and uploaded the video to the Internet, which caused widespread concern. The man and woman in conflict are a couple, and the wide spread of this video has brought great trouble to their lives. Therefore, they took the photographer to court and demanded that the photographer bear the tort liability. After the trial, the court held that the auctioneer did not conceal the appearance and image of the parties, which infringed on the personal dignity rights of the parties, and the auctioneer was sentenced to bear the responsibility.
Zhu Wei pointed out that without the consent of the portrait owner, the portrait of the portrait owner may not be made, used or made public. If the photographer happens to be shooting a model, and this photo is used for commercial publicity, it will also involve the infringement of commercial personality rights.
"There are also some short video bloggers who harass, chat up and trick passers-by in the form of outdoor live broadcast, which clearly violates the Public Security Administration Punishment Law." Zhu Wei said.
For the photographer, because the shooting places are mostly in public places such as subways and streets, many photographers don’t know that they have entered the lens of street shooters, so it is impossible to determine whether the shooting behavior of street shooters is illegal or not. Even if you know that you have been infringed, you still have to face the dilemma of high cost of rights protection.
"on the one hand, the cost of safeguarding rights is high, it is difficult to prove, and it takes time and money. On the other hand, even if you win, the amount of compensation is very low. Therefore, it is difficult for the general public to have the energy and financial resources to defend their rights. " Xu Hao said.
"It is easy for photographers to get money, and the cost of defending their rights is high. Most online platforms are left unchecked. This is an important reason why street shooting is so rampant and repeated." Zhu Wei said.
The platform should be held responsible for not taking necessary measures.
When a reporter searched for "street shooting" in a short video App, he found that many bloggers would publish a large number of short videos with the theme of fashion wear, and some short videos would also use words such as "meeting their ex-girlfriend" and "my first love" to attract attention.
"No organization or individual may infringe upon the portrait rights of others by uglifying, defacing or forging by means of information technology. Some photographers PS the photos they take, deliberately uglify and spoof them, and match them with some suggestive words, which is obviously an infringement on the reputation of the parties. " Zhu Wei said.
Isn’t there a better way to face the infringement of street shooting?
"In the Internet age, online platforms should shoulder their due responsibilities in protecting citizens’ portrait rights. For example, smooth reporting and complaint channels, so as to better safeguard the legitimate rights and interests of portrait rights holders. " Xu Hao said.
After investigation, the reporter found that the complaint reporting channels of most short video platforms are extremely hidden, and there are no obvious icons on the page menu. Only by clicking the share button on the short video playing interface, the report button will be seen in the drop-down menu. After clicking in, there will be requirements for submitting the complainant’s personal identity information and uploading the proof of rights, and the procedure is extremely cumbersome.
In this regard, experts pointed out that the personal information protection law is in the process of being formulated, and it is suggested to standardize the behavior of street shooting and clarify the duty of care of the network platform.
Xu Hao pointed out that the reporting function in short video applications should be clearly regulated. It can be clearly stipulated in legislation that the application platform should put the report button in a prominent position and handle the report information in time after receiving the report.
"In recent years, the development of artificial intelligence has made face recognition no longer difficult. For the identity information, life photos and other evidence provided by portrait owners, the online platform should be able to easily complete the comparison with street photos and videos. For the protection of the legitimate rights and interests of portrait owners, this practice is undoubtedly the lowest cost and the fastest effect. " Xu Hao said.
Zhu Wei also believes that the network platform that stands at the cusp of traffic in the 5G era should bear more responsibilities while benefiting.
"The platform should make efforts to improve the audit system, smooth feedback and complaint channels, and strengthen punishment measures. Now all major platforms are using artificial intelligence to review videos and photos. These platforms should focus on the infringement of street shooting, and reflect their attitude in the algorithm to prevent problems before they happen. " Zhu Wei said.
Zhu Wei believes that in terms of specific practices, we can refer to the relevant provisions of the e-commerce law.
Article 45 of the E-commerce Law stipulates that if the operators of e-commerce platforms know or should know that the operators in the platforms infringe intellectual property rights, they should take necessary measures such as deleting, shielding, disconnecting links, terminating transactions and services; If necessary measures are not taken, they shall be jointly and severally liable with the infringer.
"For videos and photos that violate the rules, the platform should take necessary measures such as deleting, shielding and disconnecting links. For bloggers who have been reported many times, they should take the title disposal. If the platform fails to take necessary measures, it shall be jointly and severally liable with the infringer. " Zhu Wei said.
Cartography/Li Xiaojun
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