But it's hard to eliminate it, Sanlitun: Anyway, wearing shorts is easy to be "secretly photographed"? Famous actors post reminders of infringement | Beijing | Website | Shooting | Sanlitun | Photographer | Stealing | Street Shooting

August 13th, Beijing

Actor Ma Tianyu posted a Weibo reminder stating that

In Sanlitun North District

Girls wearing shorts will be secretly photographed

Triggering online discussions:

Regarding this,

The staff of Taikoo Village in Sanlitun said,

They will expel people who take street photos,

But there are more people taking photos,

So it's difficult to eliminate it,

If it causes personal distress, you can choose to call the police.

01

I did manage it, but I didn't manage it

On June 9th, the official statement of Taikoo Village in Sanlitun, Beijing stated that there are multiple warning signs in prominent locations in public areas, reminding customers to raise their awareness of prevention and protect their personal portrait rights. Property management staff will also provide reminders. Sanlitun Taikoo Village does not support any unauthorized commercial filming activities.

But afterwards, some journalists found through on-site visits that street photos were still ubiquitous.

Despite the prompt being right in front of them, photographers turned a blind eye. When a brightly dressed woman walked away, the telephoto camera in her hand began to lock, focus, and shoot. Sometimes, photographers will catch up and not miss out on their front, back, and side, from any angle.

The street photo prompts in Sanlitun Taikoo Village did not shake the status of the "old mages" in the martial arts world. On the contrary, due to the presence of elderly people, security guards were not able to intervene forcefully. During the afternoon of the reporter's interview, no street photography photographer was seen being dissuaded by the on-site staff.

02

The "Edge" Interest Chain Behind Street Shooting

Street photography was originally a form of artistic expression, but many people value its code for monetizing traffic. In addition to brand cooperation and contract making, the profit channels of street photography are constantly emerging.

A photographer claimed that when taking photos of tourists on Sanlitun Street, they would focus on clothing, matching bags, and even watches and accessories, sometimes used for brand research or creating their own accounts.

But there are also photographers who specifically focus their shots on young women dressed in cool clothes.

According to the investigation, some websites not only take normal street photos, but also upload secret photos and are labeled as "sexy beauty" and "ultra short hot pants" to attract netizens to click and watch.

It is worth noting that the camera angles of these sneak photos or videos mainly focus on details such as the lower body. Posts usually only display partial photos or videos, and netizens who watch or download all the content need to recharge and pay. The cooperation model between websites and eavesdroppers, whether based on proportional sharing or single payment, is much higher than that of regular street photography websites.

On social media platforms, some journalists have found that there are a large number of social accounts related to Sanlitun Street Photography, such as "Fashion Dressing" and "Beijing Girl Watching Team", with fans reaching hundreds of thousands, some exceeding one million.

They leave channels for cooperation in their accounts, and internet celebrities or merchants who are interested in cooperation will contact photographers to create "street photos", publish pictures or videos, or collaborate with the subjects, or hang product links in their accounts, and monetize traffic by encouraging appreciation, opening members, and other methods.

Some photographers have their own fan groups, and one photographer's account has 35 fan groups; Some directly package the pictures and sell hundreds or thousands of them together on Taobao.

Some people use the excuse of searching for grassroots models for the agency to take photos on Sanlitun Street, leave phone numbers, and wait for the "prey" to take the bait. The Beijing police have been involved in this kind of scam before. The photographer fraudulently obtained money by taking free photos and producing model materials for a fee.

03

What else can be done besides allowing the subjects to protect their rights?

Street photography has always been hovering between free creation and privacy infringement, and its legitimacy is constantly being questioned.

It needs to be clarified that the legality of street photography must come from the explicit consent of the parties involved. If street photography works do not obtain the consent of the parties involved, they can be considered as infringement.

Meanwhile, whether it constitutes infringement is not based on whether it is profitable. In the past, in the definition of infringement of portrait rights, "for the purpose of profit" was a requirement for infringement of portrait rights, but now this has been removed from the Civil Code. This also means that secretly taking photos under the guise of street photography and using the label of "sexy beauty" as a paid attraction are clearly trampling on the bottom line of the law.

If only the right to portrait is infringed, due to the principle of "no complaint, no response" in China's Civil Procedure Law, if the person being photographed does not initiate a lawsuit, the court will not initiate a trial.

However, some lawyers have stated that the act of secretly taking photos may not only violate the privacy and reputation rights stipulated in the Civil Code, but also violate the relevant provisions of the Public Security Administration Punishment Law and the Criminal Law. In serious cases, it may also violate the crimes of provoking trouble and infringing on the personal information of citizens.

If the website knows that it is an infringing work and does not take any measures to stop it, allowing the infringing work to spread, it shall bear joint and several liability for compensation for the damage caused.

Traffic is the rice bowl, legality is the bottom line. This not only relies on obtaining shooting permits and strengthening on-site control to regulate street photography behavior, but also on severely punishing lawless individuals who harass citizens under the guise of street photography in accordance with the law.

At the same time, taking the "Qinglang" series of special actions as an opportunity, effective supervision and strict punishment will be carried out on street photography websites and short video platforms that chase traffic without bottom lines, reducing the occurrence of "street photography turning into sneak photography" infringement behavior and maintaining a good online ecosystem.

For street photography enthusiasts, they should also strengthen their legal awareness, consciously maintain the legitimate boundaries and industry image of street photography, and even effectively resist or report illegal filming behavior and malicious websites, to avoid letting such behavior ruin the authenticity of street photography.

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