Legal Risk Analysis of Minors Participating in Short Video Competitions: Portrait Rights and Copyright Issues Behind the "Shenzhen Youth Exploring Shenzhen" Activity
Recently, the "Youth Viewing Shenzhen: Star Three-Good Youth" activity, co-hosted by the Folk Arts Development Center of the Ministry of Culture and Tourism and Shenzhen News Network, is currently in full swing. The activity encourages teenagers aged 3 to 18 to capture Shenzhen's landmarks, history, cuisine, ecology, and other themes through their lenses, and to tell Shenzhen's stories to the world in the form of short English videos. As of now, the number of applicants has exceeded 1,500, with outstanding works being showcased on the "Youth Viewing Shenzhen" section of Shenzhen News Network. Among them, the work "The Past and Present of Nantou Ancient City" by Liu Zixuan, a student from Yuanting School of Nanshan Experimental Education Group, has attracted widespread attention.
However, behind the enthusiastic participation of children, the legal issues surrounding minors' short video creation cannot be ignored. As lawyers, we must not only recognize the cultural value of such activities, but also analyze the underlying legal risks, including portrait rights, copyright, and privacy rights. From a professional legal perspective, this article will provide practical guidance for parents, schools, and event organizers, based on the Civil Code, the Copyright Law, and other regulations, to help everyone protect minors' rights and interests while ensuring compliance.
Legal Subject Qualification of Minors Participating in Short Video Activities and Guardian Responsibility
“Youth Watching Shenzhen” activity targets young people aged 3 to 18, which means the participants include a large number of persons with no capacity for civil conduct (under 8 years old) and persons with limited capacity for civil conduct (8 years old and above). According to Articles 19 and 20 of the Civil Code, minors' civil legal acts must be performed by their legal representatives on their behalf or with their consent or ratification. Acts such as registering for the competition and signing authorization agreements are all civil legal acts, and therefore must be handled or explicitly approved by guardians (usually parents).
In practice, many event registration processes are simple, requiring only basic information, but they overlook formal authorization documents. This can lead to a lack of legal basis for subsequent use of works, portrait display, and other aspects. Lawyers suggest that event organizers should design specialized guardian consent forms, clearly specifying the scope of authorization, duration of use, region, and purpose, to avoid disputes caused by unclear authorization. At the same time, parents should also proactively understand the event rules, confirm whether there are hidden clauses, and prevent their children's works from being used for commercial purposes without reasonable compensation.
Rules on the Ownership and Exercise of Copyright in Works by Minors
According to the Copyright Law, copyright in a work arises automatically upon its completion, and the author enjoys rights such as the right of attribution, the right of reproduction, and the right of communication through information networks. Even minors, as long as they independently complete the filming, editing, or writing of copy, become copyright owners. However, given that minors have limited capacity for civil conduct, the exercise of copyright (such as licensing the use of the work to others or transferring rights) must be represented by their guardians.
In the "Youth Looking at Shenzhen" activity, entries will be broadcast on platforms such as Shenzhen News Network, which constitutes an act of information network dissemination. If the event organizers fail to obtain explicit permission from the copyright holder, it may constitute infringement. Lawyers remind that event organizers should clearly specify how the works will be used in the registration agreement, such as whether the platform is permitted to display them permanently or whether they may be used for promotional purposes. At the same time, parents should retain original materials from the creative process in order to provide evidence in the event of ownership disputes. For collaboratively created works (e.g., group projects), it is also necessary to distinguish each individual's contributions to avoid subsequent rights disputes.
Portrait Rights Protection: Legal Red Lines for Using Minors' Faces
Short video works inevitably display children's portraits. According to Article 1019 of the Civil Code, no organization or individual may use another person's portrait for profit-making purposes without the consent of the portrait rights holder. Although minors do not have full civil capacity, their portrait rights are equally protected by law, and the exercise of such rights requires the consent of their guardians.
In this event, if the work is used for commercial publicity or sponsor promotions, explicit authorization from a guardian must be obtained, and portrait usage fees may be involved. Even for non-profit displays, the wishes of minors and their families must be respected. Lawyers remind parents to carefully read the event terms when registering, paying attention to whether there is a blanket authorization clause such as "use the work in any media channel," as such clauses often carry hidden risks. If it is discovered that the work has been used beyond the agreed scope, parents may demand cessation of infringement, an apology, or compensation for losses in accordance with the Civil Code.
Compliance Obligations of Event Organizers and Risk Prevention Suggestions
For large-scale public welfare activities such as "Youth See Shenzhen," organizers, while enjoying social acclaim, must also bear corresponding legal responsibilities. First, the activity should establish a comprehensive protection mechanism for minors, including but not limited to: setting up a dedicated guardian consent process, clarifying personal information protection policies (in accordance with the Personal Information Protection Law), and establishing a content review mechanism to prevent the dissemination of inappropriate information. Second, the organizers should avoid using wording such as "zero registration fee" that may mislead the public, clearly define the nature of the activity (public welfare or commercial), and avoid violating relevant provisions of the Advertising Law.
In addition, event broadcasting platforms (such as Shenzhen News Network) should also fulfill their duty of reasonable care, conduct compliance reviews of content involving minors, and prevent infringement of portrait rights and privacy rights. If infringement occurs, the platform may bear joint liability. Lawyers suggest that event organizers should consult professional legal advisors, draft detailed competition agreements and authorization letters, and retain all consent documents for
Legal enlightenment for parents and students
The "Youth Look at Shenzhen" activity provides an excellent platform for young people to showcase their talents, but the legal risks cannot be ignored. Parents, as guardians, should proactively learn relevant legal knowledge, and while supporting their children's creative work, they should also take precautions against risks. Specifically: First, carefully read the activity rules before registering and pay special attention to the authorization clauses; Second, communicate with children about the content they create to avoid filming others' privacy or sensitive information; Third, keep communication records and authorization documents as evidence for rights protection; Fourth, if rights are found to be infringed upon, promptly consult a lawyer or file a complaint with regulatory authorities.
Guangdong Zhiming Law Firm has long focused on the protection of minors' rights and legal matters in the cultural industry, and has provided professional support in multiple copyright infringement cases involving youth works. We recommend that event organizers and participants work together to build a compliant and healthy creative environment, allowing the law to safeguard children's creativity. If you have specific legal questions, feel free to contact us for personalized advice.
