Copyright vs. Portrait Rights
While both copyright and portrait rights fall under legal protection, their concepts and purposes differ. In photography and artistic creations, portrait rights and copyright are distinct legal concepts, and their respective scopes of application should be carefully considered.

Portrait Rights
Protected under civil law, portrait rights safeguard an individual’s control over their own image. Unauthorized use or public disclosure of another person’s likeness without their consent may constitute an infringement (Legal Decision No. 0980041406).

Copyright
Copyright protects original and creative photographic works, granting creators legal rights, including:

• Moral rights (e.g., right to attribution)
• Economic rights (e.g., reproduction, adaptation, public transmission, and distribution)

However, if a work prominently features a person’s likeness, the photographer or artist—despite holding the copyright—must still respect the rights of the depicted individual. For photography contests, exhibitions, or public presentations, it is advisable to obtain a signed consent form from the subject in advance to ensure compliance and avoid legal risks.

By respecting intellectual property rights and individual rights during the creative process, we not only protect ourselves but also foster a healthier creative environment.

資料來源
經濟部智慧財產局