Overview
Using a person's photograph in corporate online content can create unexpected legal risks, particularly when the person is a public figure and the photograph was obtained from a publicly accessible source.
In this China portrait rights dispute, a company published an article through its corporate WeChat account that included photographs of a former public figure. The individual subsequently brought a lawsuit alleging infringement of portrait rights and sought monetary compensation, recovery of rights-protection expenses and a public apology.
The company disputed the alleged infringement. It argued that the article was a positive feature about the individual's career and achievements, the photographs had been obtained from publicly available online sources, and the publication did not distort, defame or otherwise misuse the individual's image. The company also challenged the extent of the claimed damages and the requested form of public apology.
Importantly, the case did not end with a court finding that the company had infringed the individual's portrait rights. Following the court's mediation, the parties reached a settlement that brought the dispute to a final conclusion without an infringement judgment.
The case illustrates an important risk-management issue for companies operating websites, WeChat accounts and other digital media: the fact that an image is publicly available online does not by itself eliminate portrait-rights risk, and the appropriate response to a claim may involve both substantive defenses and settlement strategy.
Case Snapshot
| Item | Details |
|---|---|
| Case Type | Intellectual Property / Portrait Rights Dispute |
| Jurisdiction | Mainland China |
| Court | Shanghai Putuo District People's Court |
| Industry | Commercial / Consumer Business |
| Dispute Type | Alleged unauthorized use of a person's photograph in corporate online content |
| Original Claim Value | Approximately RMB 160,000 |
| Main Claims | Compensation, reasonable rights-protection expenses and public apology |
| Key Legal Issue | Whether the publication of publicly available photographs constituted an actionable portrait-rights infringement |
| Key Strategy | Substantive defense + litigation risk control + judicial mediation |
| Final Resolution | Settlement through court mediation; no judicial finding of infringement |
| Attorney | Yu Yuting / Sun Jianhui |
| Law Firm | NEO-ARK Law Firm |
The Core Legal Issues
1. Does using a publicly available photograph automatically constitute portrait-rights infringement?
The central issue was not simply whether the photograph had been used, but whether the circumstances of its use gave rise to legal liability.
The company argued that the photographs were obtained from publicly accessible online sources and were used in an article describing the individual's career and achievements.
The defense therefore distinguished between:
- the existence of a photograph online;
- the circumstances in which the photograph was obtained;
- the purpose and context of publication;
- whether the image was altered or presented in a derogatory manner; and
- whether the publication created a commercial association or other legally significant use.
This distinction was important because online availability should not be treated as an automatic license to use a person's image for any purpose. At the same time, the legal assessment of an alleged portrait-rights infringement depends on the specific circumstances of the publication.
2. Does the use of a public figure's image receive greater tolerance?
The claimant was a public figure, which formed part of the company's defense.
The company argued that the article was a positive presentation of the individual's career and did not contain defamatory, degrading or misleading content.
The defense therefore focused on the context and nature of the publication, rather than relying solely on the claimant's public status.
This is an important distinction for businesses: being a public figure does not mean that a person's portrait can be freely used without legal consideration.
Instead, the purpose, presentation, context and potential commercial implications of the use should all be assessed.
3. How should a company respond when the claimant seeks both compensation and a public apology?
The claimant sought not only financial compensation and rights-protection expenses, but also a public apology in a widely circulated newspaper.
From the defendant's perspective, the potential risk therefore extended beyond financial liability.
A judgment requiring a public apology could potentially create additional reputational and commercial consequences for the company.
The defense accordingly challenged both the alleged infringement and the proportionality of the requested remedies.
This allowed the litigation strategy to focus not only on the amount of potential compensation, but also on preventing an unnecessarily broad form of public remedy.
Legal Strategy
| Issue | Approach |
|---|---|
| Alleged portrait-rights infringement | Challenge whether the specific use of the photograph constituted actionable infringement |
| Source of photographs | Establish that the images had been obtained from publicly accessible online sources while avoiding reliance on this fact alone |
| Publication context | Emphasize the positive, non-derogatory nature of the article and the context in which the photographs were used |
| Commercial-use allegation | Challenge the asserted connection between the publication and commercial exploitation of the claimant's portrait |
| Damages | Challenge the basis and reasonableness of the claimant's compensation demand |
| Public apology | Challenge the necessity and proportionality of the requested form of public remedy |
| Overall risk | Seek a resolution that would avoid an adverse infringement judgment and minimize the company's financial and reputational exposure |
The case therefore required more than a simple argument that the photographs were “found online.” The strategy addressed the legal nature of the use, publication context, alleged commercial purpose, requested remedies and overall litigation risk.
Settlement Strategy and Risk Control
An important feature of this case was that the objective was not merely to minimize the amount eventually paid.
The company also sought to avoid a formal judicial finding of infringement.
This distinction can be significant in intellectual property and personality-rights disputes.
A court judgment expressly finding infringement may create additional reputational consequences and may become relevant to future disputes or business communications.
Through active defense and court-led mediation, the parties ultimately reached a settlement.
The settlement:
- resolved the dispute on a one-time basis;
- did not contain a judicial finding that the company had infringed the claimant's portrait rights;
- did not require the company to issue the originally requested public apology; and
- brought the dispute to a final resolution.
For businesses, this demonstrates why settlement structure can be as important as settlement amount.
Outcome
The case was ultimately resolved through court mediation rather than an infringement judgment.
Under the settlement arrangement, the company made a one-time payment to resolve the financial aspects of the dispute, with the final amount being substantially lower than the claimant's original demand.
The company was not required to publish the requested public apology.
The mediation agreement also provided for a comprehensive resolution of the dispute, preventing the parties from continuing to pursue additional claims arising from the same matter.
For confidentiality reasons, the specific settlement amount and other detailed financial terms are not disclosed in this case study.
Why This Case Matters
Publicly available images still require legal review
Businesses should not assume that an image can be freely used simply because it can be found through a search engine or on a public website.
The source of an image, the identity of the person depicted, the purpose of publication and the context of use should all be considered before publication.
Portrait rights and copyright are different issues
A company may face more than one type of legal risk when publishing a photograph.
Copyright concerns may relate to the ownership or licensing of the photograph itself, while portrait-rights issues concern the rights and interests of the person depicted.
A compliance review should therefore consider both dimensions where appropriate.
Public figures are not automatically free to use
The fact that a person is well known does not eliminate portrait-rights considerations.
The purpose and manner of use remain important.
Settlement can protect against reputational consequences
In a personality-rights dispute, avoiding an adverse judicial finding may be commercially important.
A negotiated resolution can sometimes provide a more controlled outcome than allowing the dispute to proceed to a final judgment.
The form of relief matters
A claimant's requested compensation is only one aspect of the litigation risk.
Requests for public apologies, publications or other forms of corrective action may create additional business and reputational consequences.
Companies should therefore assess the full range of requested remedies, not just the monetary claim.
Frequently Asked Questions
Can a company use a public figure's photograph in a corporate WeChat article?
Not necessarily. The fact that an image is publicly accessible does not automatically mean that a company has unrestricted rights to use the person's portrait.
The purpose, context, manner and potential commercial implications of the use should be reviewed.
Does using a photograph from the internet eliminate portrait-rights liability?
No. An image being available online does not by itself establish that its use is legally permissible.
Businesses should separately consider the rights of the photographer or copyright owner and the portrait rights of the person depicted.
Are public figures treated differently in portrait-rights disputes?
A person's public status may be relevant to the legal assessment, but it does not mean that the person has no portrait rights.
The circumstances and purpose of the specific use remain important.
Can a company avoid a public apology through settlement?
Potentially. If the parties reach a settlement before judgment, the final resolution may differ significantly from the claimant's original requests.
In this case, the dispute was resolved through mediation without the company being required to issue the requested public apology.
Is mediation appropriate in an intellectual property or portrait-rights dispute?
It can be, particularly where the parties want to control financial exposure, reputational risk and the scope of any public-facing remedy.
The appropriate strategy depends on the facts and the client's commercial objectives.
Key Takeaways
For companies publishing photographs of individuals through websites, WeChat accounts, social media or other digital channels:
- Do not assume that publicly available photographs are automatically free to use.
- Assess portrait rights separately from copyright and image-licensing issues.
- Consider the purpose, context and manner of publication.
- For public figures, assess whether the use creates a commercial association or other legally significant implication.
- When facing a claim, challenge both liability and the scope of the remedies being requested.
- In appropriate cases, settlement can help control both financial and reputational risk.
- A settlement that avoids an infringement finding may be materially different from simply negotiating the amount of compensation.
This case demonstrates that effective litigation strategy in a portrait-rights dispute is not limited to defending the alleged infringement itself. Controlling the form of the final resolution can be equally important to the client's long-term commercial interests.
About the Author
Yu Yuting
Partner | NEO-ARK Law Firm
Lawyer Yu focuses on foreign-related litigation, cross-border disputes, commercial matters, and legal services for overseas individuals and businesses in China.
Email: [email protected]
About NEO-ARK Law Firm
NEO-ARK Law Firm provides legal services in foreign-related litigation, commercial disputes, family law, and cross-border legal matters, assisting both international and domestic clients throughout China.
