Factory A entrusts advertising company B to design advertisements for its products. Company B embodies the characteristics of the products of Factory A with the image of little girl Zhang Healthy Sunshine. Q: Factory A entrusts advertising company B to design advertisements for its products. Company B embodies the characteristics of the products of Factory A with the image of little girl Zhang Healthy Sunshine. The advertisement was recognized by a factory, and 2000 copies were printed by a factory and sent to various sales points, and the products sold were presented to users. Zhang's father thinks that a factory has infringed Zhang's portrait right. After investigation, Zhang's photo was taken by Li in his kindergarten, only with the consent of his kindergarten, but without the consent of Zhang and his parents. Excuse me: Who is responsible for the infringement of Zhang's portrait right in the question?

A: The Scout Law Online Consultation will answer your questions.

Article 100 of China's General Principles of Civil Law stipulates: "Citizens have the right to portrait, and their portraits shall not be used for profit without their consent." It can be seen that the behavior that constitutes a violation of citizens' portrait rights usually has two elements: first, without their consent; The second is for the benefit. Common violations of citizens' portrait rights are mainly the use of other people's portraits in commercial advertisements, commodity decoration, book covers and printed calendars without other people's consent. Victims can stop the infringement of portrait rights by themselves, for example, demanding the surrender of the film they shot and removing the portrait from public display. And you can also request the offender to stop the infringement, remove the obstruction, eliminate the influence or compensate for the losses according to law. The right to claim damages does not require property damage.

Article 139 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of General Principles of Civil Law stipulates that my portrait shall be used as advertisement, trademark, window decoration, etc. for the purpose of making profits. Without the consent of citizens, it is regarded as an act of infringing citizens' portrait rights.