Shenzhen youth short video activity sees heated registrations, lawyers remind: minors participating must be aware of portrait rights and copyright risks.
Lead
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, has been in full swing, attracting over 1,800 primary and secondary school students in Shenzhen to register and participate. The children captured Shenzhen's landmarks, history, cuisine, and ecology through their lenses, telling Shenzhen's stories to the world through short videos in English. This activity not only showcased the demeanor of Shenzhen's youth but also sparked reflections on the protection of minors' legal rights and interests when participating in social activities. As a lawyer who has long focused on cultural creativity and the rights and interests of minors, I believe it is necessary to analyze the copyright, portrait rights, and contract risks hidden in such activities from a legal perspective, helping parents and schools build a solid legal defense while encouraging children to create.
Whom does the copyright of a minor's work belong to?
Many parents may assume that the copyright in videos, paintings, or texts created by their children naturally belongs to the children. However, in legal practice, the matter is not that simple. According to Article 2 of the Copyright Law of the People's Republic of China, works by Chinese citizens, legal persons, or unincorporated organizations enjoy copyright in accordance with the law, whether published or not. As citizens, minors equally enjoy copyright. Nevertheless, because minors are persons with limited capacity for civil conduct or persons with no capacity for civil conduct, when exercising copyright (such as authorizing others to use their works or entering into licensing contracts), the consent or action of a legal representative (usually a parent) is required.
In activities like "Youth See Shenzhen," when children submit video works, they are essentially exercising their right of publication. If the event organizers require authorization for rights such as reproduction rights and information network dissemination rights, parents should carefully review the event rules or registration agreement. In practice, many events include clauses stating that "participants agree that the organizers may use the works for promotional purposes," which constitutes a license to use copyrighted works and should clearly specify the scope, duration, and territory of the license. If the agreement is vague — for example, stating that "the organizers own all rights to the works" — it may constitute a transfer of copyright, and the child would lose control over their work. Lawyers advise that parents should request and review the relevant terms before registering, and consult professionals when necessary, to avoid inadvertently giving up their children's core rights and interests.
When children appear on camera, how can their portrait rights be protected?
In short videos, when the child themselves or other individuals appear on camera, portrait rights issues are inevitably involved. Article 1019 of the Civil Code of the People's Republic of China stipulates that no organization or individual may infringe upon others' portrait rights by means of defaming, defacing, or using information technology to forge, among other methods. Without the consent of the portrait rights holder, one may not produce, use, or publicly disclose the portrait of the portrait rights holder. For minors, their portrait rights are equally protected by law, and due to their limited cognitive abilities, consent on their behalf is often required to be given by their guardians.
In the "Youth Looking at Shenzhen" activity, if the video captures identifiable individuals such as classmates, passersby, or people in specific places, parents and supervising teachers must ensure that consent has been obtained from these individuals. Particularly when filming in public spaces, although the law permits reasonable use, if the footage is used for commercial promotion or public dissemination, it may exceed the boundaries of reasonable use. For example, if the video contains school emblems of other schools, images of teachers, or close-up shots of minors' faces, publishing it without authorization may lead to portrait rights disputes. Lawyers remind participants that written consent should be obtained from the subjects or their guardians before filming whenever possible, and the purpose of use should be clearly stated. For event organizers, if the works are to be used for the development of commercial derivative products, portrait rights authorization must be confirmed on a case-by-case basis; otherwise, they may face infringement lawsuits.
"Hidden Clauses" in Activity Rules and Contract Risks
Registering for an event is essentially establishing a contractual relationship with the organizer. Even if the event claims to have a "zero registration fee," it does not mean there are no legal obligations. Under Article 490 of the Civil Code, where parties enter into a contract in written form, the contract is established when all parties have signed, affixed their seals, or placed their fingerprints. Online registration often reaches mutual agreement by clicking to consent or submitting works, at which point the event rules become the content of the contract. Parents need to be wary of "hidden clauses" in the rules, such as: once a work is submitted, can the organizer use it permanently for free? Can the work be modified or adapted? Can the work be sublicensed to third parties?
In the "Youth Viewing Shenzhen" activity, the organizers are affiliated institutions under the Ministry of Culture and Tourism as well as Shenzhen News Network, giving the event an official background with relatively standardized rules. However, parents should still remain cautious. In practice, I have encountered cases where the activity rules require "participants to guarantee that their works do not infringe upon third-party rights," which in effect places unlimited guarantee liability on the participants. If unauthorized materials such as music, fonts, or images are used in a work, the infringement liability may fall on the participants (i.e., minors and their guardians). Therefore, the lawyer advises that when guiding students in creating works, instructors should use original materials or licensed materials as much as possible (such as CC0-licensed images and free music libraries), and retain records of the creative process for evidentiary purposes in the event of a dispute.
Practical Suggestions for Parents and Schools
Facing the flourishing creative activities of young people, parents and schools should not give up eating for fear of choking, but should proactively enhance their legal awareness. First, before signing up, the whole family should read the activity rules together, focusing on copyright, portrait rights, and privacy clauses, and mark points of doubt with a pen. Second, communicate with the child about the original intent of their creation, encourage originality, and avoid imitating or plagiarizing others' works—this is both a legal requirement and an educational opportunity. Third, before filming, if others are involved, be sure to obtain their consent, preferably in the form of written authorization or chat records. Fourth, preserve all creative materials (raw footage, editing project files, and filming dates)—these are key evidence proving the originality of the work.
For schools, when organizing students to participate in such activities, they may invite legal advisors or professional lawyers to deliver a mini-lecture on "Creativity and Law" to help students develop an awareness of rights boundaries. At the same time, when recommending works, schools should verify whether the content contains sensitive information or unauthorized material, so as to avoid damage to the school's brand.
Conclusion: Let the Law Safeguard Youth Creativity
The "Youth Looking at Shenzhen" activity provides a stage for children to showcase their talents, and also reflects new legal issues regarding minors' participation in cultural production in the digital age. Copyright, portrait rights, and contract terms—these seemingly distant legal concepts actually intervene quietly the moment a child presses the record button. As a lawyer, I suggest that parents and teachers integrate legal education into the creative process, so that children can learn to respect and protect rights while expressing themselves. Guangdong Zhiming Law Firm has long been dedicated to cultural creativity and the protection of minors' rights. If you encounter specific legal issues while participating in such activities, you are welcome to consult us. We will provide solutions from a professional perspective.
