Shenzhen Teenagers Tell City Stories in English Short Videos: Lawyers Detail Legal Risks and Portrait Rights Protection
Recently, Xie Wanqing, a student from Shenzhen Luohu Future School, participated in the "Young Eyes on Shenzhen · Star Three-Good Youth" activity jointly hosted by the National Center for Folk Literature and Art Development under the Ministry of Culture and Tourism and Shenzhen News Network, with her English short video work "The Spirit of Shenzhen." The video focuses on themes such as Shenzhen's landmarks, history, cuisine, and ecology, using the lens to document urban stories. Currently, over 1,800 people have registered for the activity. This event not only showcases the vitality of Shenzhen's youth but also draws public attention to the protection of minors' legal rights when participating in social activities. As lawyers, we recognize that issues behind such activities—including minors' eligibility for participation, copyright ownership of works, use of portrait rights, and the responsibilities of event organizers—all need to be clarified within the legal framework to safeguard the legitimate rights and interests of participants. This article will analyze the relevant legal points of this activity from a legal perspective, providing practical guidance for parents, schools, and event organizers.
Legal Capacity of Minors to Participate in Activities and Guardian Responsibilities
According to Article 19 of the Civil Code, minors who have reached the age of eight are persons with limited capacity for civil conduct and may independently implement civil juristic acts that purely benefit them or that are appropriate to their age and intelligence. Participating in cultural activities such as "Youth Looking at Shenzhen" constitutes conduct that is beneficial to the physical and mental health of minors and is generally recognized in law as conferring pure benefits; therefore, minors may independently register for participation. However, matters involved in the registration process, such as contract signing and authorization of works, may exceed the scope of their age and intelligence, in which case a legal representative (i.e., a parent or other guardian) is required to handle them on their behalf or give consent.
Legal counsel advises that when accepting registrations from minors, event organizers should require guardians to sign informed consent forms specifying the nature of the activity, participation methods, scope of work usage, and other details, in order to avoid subsequent disputes. When assisting their children with registration, parents should also carefully read the activity rules and understand whether authorization clauses are involved, so as to prevent negligence from harming their children's rights and interests.
Copyright Ownership of Works: When Students Create, Who Owns the Rights?
The video "The Spirit of Shenzhen" created by student Xie Wanqing is a work protected by the Copyright Law. According to Article 11 of this Law, copyright belongs to the author unless otherwise agreed. Therefore, the copyright of this video in principle belongs to Xie Wanqing. However, when soliciting works, the event organizer usually requires participants to grant it a license to use the works, for example, for exhibition and broadcast on official websites and cooperative media. Such authorization should specify the scope, including the duration, territory, and methods of use (such as communication via information networks, offline display, etc.), and should be confirmed in writing.
Lawyer's perspective: Before submitting works, parents or minors should review the copyright clauses in the event guidelines. If the clauses are overly broad, such as "the organizer owns all rights to the works" or "may modify the works at will," they may harm the creators' interests. It is recommended that organizers adopt clear and reasonable licensing agreements, such as "for use solely in promoting this event," and respect the authors' right of attribution. In the event of a copyright dispute, rights may be asserted under Article 54 of the Copyright Law, but litigation costs are relatively high, making prior prevention more important.
Portrait Rights and Privacy Protection: Caution Needed When Photographing Others
The video content involves Shenzhen landmarks and human scenes, and may capture the likeness of others. Under Article 1019 of the Civil Code, no one may produce, use, or publicly disclose another person's portrait without the consent of the portrait owner. When students are filming, if passersby appear clearly in the frame, their consent must be obtained; otherwise, it may constitute infringement. For minors, their portrait rights are equally protected, and the sensitivity is even higher. Event organizers must also review content before exhibiting works to avoid legal disputes arising from unauthorized use of others' portraits.
Furthermore, if filming locations involve private premises or sensitive areas (such as school interiors, military management zones, etc.), issues of privacy rights or public safety regulations may arise. Lawyers advise that parents and supervising teachers should remind children to pay attention to scene selection when filming, use public areas as much as possible, and avoid shooting close-ups that can identify individuals. If the dissemination of works causes damage to others' portrait rights, participants and organizers may bear joint liability, making advance prevention crucial.
Legal Obligations and Risk Prevention for Event Organizers
"The Youth See Shenzhen" activity is co-hosted by the Center for Ethnic and Folk Literature and Art Development of the Ministry of Culture and Tourism and Shenzhen News Network, and is a public welfare activity. As organizers, the hosts must fulfill their safety and security obligations to ensure that the activity process is lawful and compliant. Specifically, detailed activity rules should be formulated to clarify participants' rights and obligations; when collecting minors' personal information, Article 28 of the Personal Information Protection Law must be complied with, and processing sensitive personal information (such as minors' information) requires separate consent from guardians; promotional materials for the activity must not exaggerate or make false promises, so as to avoid violating the Advertising Law.
If the activity involves offline filming or gatherings, the organizer must also consider risks such as venue safety and personnel management. In the event of an accident, pursuant to Article 1198 of the Civil Code, if the organizer fails to fulfill its safety protection obligations, it shall bear corresponding liability. Lawyers recommend that organizers purchase public liability insurance for the activity and formulate emergency response plans to reduce legal risks. At the same time, a complaint handling mechanism should be established to promptly address the reasonable demands of participants or parents.
Legal Implications for Parents and Schools
Such activities provide a platform for young people to showcase their talents, but they also remind us that legal awareness should run through the entire process of the event. When parents support their children's participation, they should play the role of a "legal advisor": first, review the background of the activity and confirm the qualifications of the organizers; second, understand the authorization clauses to protect their children's creative achievements; third, teach their children to respect the rights of others, such as portrait rights and copyright. When schools organize similar activities, they may introduce legal lectures to help students establish basic legal concepts.
Guangdong Zhiming Law Firm has long focused on the protection of minors' rights and has handled multiple infringement cases involving campus activities and online dissemination. We recommend that parents or schools consult professional lawyers promptly when encountering legal questions during activity participation, so as to avoid damage to their rights caused by information asymmetry. Law is not only a constraint but also a protection. We hope that every young person in Shenzhen can confidently tell the city's stories under the sunshine of the rule of law.
