Often, when people publish their photos, they do not know all the rights that belong to them. We will now try to understand the issue of copyright protection.

According to current legislation, the copyright in photographs belongs to the photographer, he is a priori the author and has all the corresponding rights. Copyrights in photographs are divided into two groups - property and personal rights. To personal photographer's copyright include the following: the right of authorship, the right to a name, the right to publication and the protection of reputation. Copyright extends not only to the photograph itself, but also to its individual details. Attribution of copyright is considered a civil offense, and in some situations even a criminal offense, and is punishable by law. The right to sign a photograph with your name or pseudonym, or to publish it anonymously, is included in the concept of the right to a name.

Copyright protects both negatives (black and white and color), slides, digital images, and prints from them. If a negative or slide is lost, but prints from them have been preserved, then they are protected “as the original”. This significantly increases the value of such photographic prints. In the West, there are photographers who destroy negatives after making the first five to ten prints. Their cost, due to the impossibility of creating additional copies, becomes very high.

The concept of the right of publication of a photograph includes the right of the photographer to authorize or refuse to make the photograph available to the public. This right can be used once. If, for some reason, the photographer decides to withdraw his photograph after publication, he can exercise the right of withdrawal. Following review, this photograph should not be used or referred to as the photographer's work. The right to protect the author’s reputation includes protecting the photograph from changes: cropping, adding or cutting out individual details, changing the color scheme of the photograph, etc. Such changes are carried out only with the consent of the author himself.

The property copyright of a photographer includes the right of the photographer to prohibit or permit the use of a photograph through reproduction and distribution, as well as public display, duplication, sale or free distribution of copies of a photograph, and the import of photographs into the country. Property rights also include the right to change photographs, i.e. for its processing. From these property rights there are exceptions regulated by law, which indicate those cases when a photograph can be used freely, without the consent of the author.

Any part of the original photograph is protected by copyright. And it doesn’t matter how small this part is. To use part of an original photograph, for example, in a photo collage, an agreement must be concluded with the author. If the use of part of the photograph is carried out without a copyright agreement, which violates the law, then the photographer or other owner of exclusive property rights may demand a ban illegal use and recovery of their losses or payment of monetary compensation.

Let's say an elderly photographer in his declining years decided to donate his photo library to the city archive for a certain fee. In this case, after concluding an agreement between a private and a legal entity, property rights are transferred to the archive. Now the archive has the right to dispose of the resulting photo library, using photographs, say, for exhibitions and publications. However, the personal rights of the photographer must be respected: the author’s surname is reproduced under the photographs. Property rights give the photographer (or other owner of exclusive copyright) the right to authorize or prohibit the use of a photograph. In this case, use is considered to be the reproduction and distribution of copies of photographs, their public display, including on television. Permission to use the photograph is given verbally or in writing. Such permission is a copyright agreement, according to which the user receives part of the property and copyright rights.

The photographer's copyright arises from the moment the photograph is created and continues throughout the life of the author, as well as for 50 years after his death. However, photographs created before 1968 or earlier are no longer subject to copyright protection, as current legislation has changed.

If a photographer takes a photograph on an official assignment given to an organization by an employer, then such a photograph falls into a special legal regime and is considered “official.” The photographer’s personal copyright to this photograph is fully extended, but property rights are transferred to the employers for the entire duration of the photographer’s copyright. Additional fee for such a photo, except wages, is not provided.

“Official” photographs include only those photographs that were taken on official behalf. If the employer has established “working standards,” then photographs taken in excess of this standard are not considered “official.” The legislation provides for the conclusion of an agreement between the employer and the photographer. The contract stipulates the photographer’s copyright for “official” photographs. The content of such an agreement is regulated by the photographer and the employer. Such an agreement can be concluded not only with one individual photographer, but also with a team of photographers. If such an agreement has not been concluded, then the photographer does not have the right to use “official” photographs for personal purposes.

Try do not transmit(even to the customer) theirs photos in RAW format, as well as other source and working files. For example, a Photoshop (psd) file can be good evidence of your work on a photograph.

Enter it in the camera settings personal information(field owner / owner, autohour / author, etc.). Provide your information in such a way that it is easy to establish your identity. At a minimum: first name, last name and other information (for example, the address of your website or passport number, etc.).

In photographs posted on the Internet, and, if possible, in all other photographs of oneself and in any other ways of use (including when printing photographs in magazines) place information about the author on the photo itself. Accepted format: © Name-Surname of the Author, Year of first publication (for example, © Ivan Ivanov, 2008). It would be a good idea to provide a link to your website, especially if you publish photos under a pseudonym. Please note that Art. 1271 of the Civil Code notifies about the exclusive right (these are the property rights of the authors), therefore, if you create a photograph to order and transfer all rights to the customer (only property rights can be transferred), then the customer may reasonably object to indicating you in the copyright (as copyright holder), but indicate yourself. You can insist on indicating you as the author (by law you have such a right - Article 1265 of the Civil Code), then instead of the copyright icon (©) you can indicate “Author:”. Article 1300 of the Civil Code provides for a specific amount of compensation for violation of moral rights (removal of information about the author or copyright holder), but violators almost always delete or cut off information about the author and/or copyright sign.

The following general methods of copyright protection are also applicable here: printing photographs in large format - an examination can determine the approximate printing time, and accordingly, establish your time priority - the priority of owning a photograph in a certain period of time; notarization; writing files to a one-time finalized disk; “registration” of copyrights with collective copyright management organizations; publication of photographs in periodicals and/or other publications, etc.

The author's property rights can be transferred only on the basis of an agreement on the transfer of rights. The use of photographs by third parties without a contract is illegal and subject to liability. Thus, Article 1301 of the Civil Code of the Russian Federation provides for the possibility for the copyright holder (initially the photographer, if the rights to use photographs have not been transferred to other persons) to demand compensation in the event of a violation of his exclusive right in the amount of from 10 thousand rubles to 5 million rubles. Moreover, according to Article 1252 of the Civil Code of the Russian Federation, the photographer has the right to demand compensation from the violator for each case of unlawful use of the result intellectual activity(for each individual use of a photograph), or for the offense committed as a whole. The big advantage of indicating yourself as the author of a photo is that if someone used your photo without your permission, then according to the law, the minimum compensation for such copyright infringement will be not 10,000, but 20,000 rubles. for one (each) photograph (although the court does not always consider each photograph as a separate “case”)! This means that the photographer may require monetary compensation, both for each use of his photo, and for the cumulative use of the photo.

Judicial practice

When going to court to protect the copyright of a photographer, the latter must prove that he is the author of the photographs, and also that he owns the property copyright in the photographs that were illegally used by the defendant.

I note that in accordance with the law, the author of a work is considered to be a citizen whose name is indicated on the original or copy of the work. That is, when filing a claim, the photographer must submit printed photographs on which his name will be noted.

And only if the other party disputes the authorship, then other evidence must be presented confirming that the photographs were taken by the plaintiff. For example, providing the court with photo files in the .RAW format, which is mainly used by professional photographers.

At the same time, when going to court, it is necessary to prove that the defendant illegally used someone else’s photographs. For example, if he posted them on his website on the Internet, then the most preferable proof of violation would be a notary certification of the website pages on which the photographs are used.

Despite the fact that by going to court, the photographer can independently determine the amount of compensation that he would like to recover from the violator, the court determines this amount at its own discretion, having considered all the evidence available in the case and having heard the explanations of the parties.

In this case, the amount of compensation to be recovered must be justified by the court. When determining the amount of compensation, the court takes into account, in particular, the nature of the violation committed, the period of illegal use of the photograph, the degree of guilt of the offender, the presence of previous committed by a person violations of the copyright of this particular author, probable losses of the photographer, proportionality of compensation to the consequences of the violation, etc.

It should be noted that if the photographer’s demands are satisfied, the court must recover from the defendant the costs incurred by the photographer associated with the consideration of the case in court. This includes: the state fee paid for going to court, payment for notary services for certification of the Internet site, payment for lawyer’s services and other expenses.

Frequently asked questions:

No, that's not true. Copyright in a photograph arises automatically - from the moment the photograph is created and expressed in an objective form accessible to others. At the same time, unpublished photographs are protected in the same way as published ones. Copyright protects a photograph regardless of its artistic merits. Of course, a photograph that is artistically weak is unlikely to be used. However, if it is used, it can only be done in compliance with copyright.

To indicate their copyright, the owner of exclusive copyright may place a copyright sign on the photograph. The sign consists of the following parts: the letter C, framed by a circle, the name of the owner of the exclusive copyright, the time of the first publication of the photograph. Of course, the absence of this sign does not deprive the photographer of copyright, either in whole or in part.

In what cases can a photograph be used freely, that is, without the consent of the author and without paying him remuneration?

The photograph can be used freely, that is, without the consent of the author and without paying him remuneration, solely for following cases: - a published photograph may be used in publications, television programs and educational videos; - the photo can be reproduced in the review current events on television; - a photograph published in the press can be reproduced by a library or archive upon request individual citizens or for research purposes; - a photograph placed in a collection or periodical can be reproduced educational institution for display purposes during classroom training. In all other cases, the use of photographs is permitted only with the consent of the photographer and with the payment of remuneration.

The photographer is engaged in reproduction photography of paintings and graphics. Are slide reproductions subject to copyright protection?

Copyright protects any original, creative photographic work or work produced in a manner similar to photography. The task of a photographer photographing a work of painting and graphics is to achieve the correct color rendition characteristic of the subject being photographed. Nothing more. For this purpose, appropriate light and photographic film are selected, and special devices, which determine color temperature. In other words, the task of a photographer engaged in reproduction photography is not to create an original work of authorship, but to achieve maximum compliance with the original being photographed. Therefore, so-called “technical” photographs cannot be considered original and are not protected by copyright: reproductions of paintings, graphics, drawings, tapestries, mosaics, panels, stained glass windows.

This article details the use of photography without consent, and everything you need to know about it. Nowadays, everyone has the opportunity to have their photo taken. Personal photos of people have flooded the Internet. Nowadays, almost anyone can be found on social networks and their image can be viewed. Many people, especially scammers, have the opportunity to use personal photo person. But is such an act a crime and will it be subject to any punishment? It is impossible to answer this question unequivocally, because some images are private property, life, others have copyrights.

Legislative regulation

The personal image of a citizen of the Russian Federation will be subject to constant protection by the state. Their use is prohibited by Article 152.2 of the Civil Code. In accordance with it, the use of someone else's image, including photos, is prohibited with the exception of certain cases. These include:

1. If the photo is used by government agencies in the public interest;
2. If the photo was taken in a public place during, for example, a holiday, only if the person is not singled out for general photo;
3. If the image of a person was made for a certain fee, and the citizen was aware of his actions.

All used images, according to a court decision, must be destroyed without providing compensation to the publisher. If these photos were used on the Internet, they must be deleted immediately.

In addition, the image may have exclusive rights. In this case, the offense of publishing an image falls under Articles 1229, 1223 of the Civil Code of the Russian Federation. According to them, several people can be the owners of a photo. The photo must meet the requirements established by the Civil Code of the Russian Federation. Only copyright holders can dispose of them. They have the right to provide the results of their activities for use for a certain period of time for a fee or free of charge.

In addition, the owner of the photo may have corresponding copyrights, which are regulated by the Civil Code, Article 1259. In accordance with it, a list of objects for which copyrights can be held is determined. For their violation, real punishment is provided in accordance with Article 146 of the Criminal Code.

In accordance with Article 1274 of the Civil Code, the creation of a caricature or parody of an image is not a violation of copyright, a violation of the rules for using photos, or a violation of exclusive rights.

Criminal prosecution for using someone else's photo

The use of someone else's photo is subject to criminal prosecution in accordance with Article 137. For such a crime, the offender will suffer the following punishments:

• Penalty in the form of a fine, deprivation of wages - 200 thousand rubles, one and a half years, respectively;
• Compulsory, corrective, forced labor - 360 hours, 1, 2 years + (Deprivation of the right to hold a position for 3 years);
• Arrest, imprisonment - 4 months, 2 years + (Deprivation of the right to hold office for 3 years).

If the distribution and use of the photo was committed by an official, then the following punishment may be imposed on him:

• Fine, deprivation of wages - 300 thousand rubles, 2 years respectively + (Deprivation of the right to hold a position for 5 years);
• Forced labor - 4 years + (deprivation of position for 5 years);
• Imprisonment, arrest - 4 years, six months respectively + (deprivation of office for 5 years).

If the photo is distributed publicly or in the media, in relation to a minor, then the offender will suffer a more severe punishment.

1. Fine, deprivation of wages - 350 thousand rubles, one and a half years, respectively;
2. Deprivation of the right to hold office for five years;
3. Forced labor - 5 years + (Deprivation of the right to office for six years);
4. Imprisonment, arrest - 5 years, six months + (Deprivation of the right to hold office for 6 years).

The penalties indicated in brackets are imposed in addition to the main punishment indicated without brackets and are assigned by court decision.

In addition, using someone else's photo may violate copyright. Such a crime also provides for criminal liability under Article 146. In accordance with it, an attacker who published or used someone else’s photo, thereby violating copyright, will be punished:

• Fine, deprivation of wages - 200 thousand rubles, one and a half years;
• Mandatory, executive, forced labor - 480 hours and 2 years, respectively;
• Imprisonment - 2 years.

If a person took credit for a photo, saying that he took it, then the court can punish him as follows:

1. Fine, deprivation of wages - 200 thousand rubles, one and a half years, respectively;
2. Mandatory correctional labor- 480 hours, 1 year respectively;
3. Arrest for six months.

In this article you learned about the use of photographs without consent. If you have any questions or problems that require the participation of lawyers, then you can seek help from the specialists of the Sherlock information and legal portal. Just leave it on our website.

Editor: Igor Reshetov

In accordance with Article 150 of the Civil Code of the Russian Federation, life and health, personal dignity, personal integrity, honor and good name, business reputation, immunity privacy, personal and family secrets, the right of free movement, choice of place of stay and residence, the right to a name, the right of authorship, other personal non-property rights and other intangible benefits belonging to a citizen from birth or by force of law, are inalienable and non-transferable in any other way.

In accordance with Article 7 of the Law, Operators and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.

Question #23711 Is there a punishment for distributing other people's photos?

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where:

What is the responsibility if you publish someone else's intimate photos?

Now imagine the next day your photos with someone appear in your entrance, it’s easy to make a photo montage, and to whom you will prove that this is not so, maybe after all the issue can be resolved more radically not with your husband’s friend but with your husband, without washing dirty linen in public .

Prosecution for posting photos on the Internet

It's much scarier when a person you know real life, having had a grudge against you, decides to take revenge, using all the techniques and methods at his disposal. Former lovers and spouses are especially distinguished by this. In such cases, the matter may not be limited to offensive words, and even photographs of an intimate nature that were taken during the period of a cloudless relationship may be used for posting on the Internet.

Responsibility for posting photographs of minors

In accordance with Art. 152.1 of the Civil Code of the Russian Federation (part one) - publication and further use of a citizen’s image (including his photographs, as well as videos or works of fine art in which he is depicted) are permitted only with his consent.

Article for distributing personal photos

1. Illegal collection or distribution of information about the private life of a person, constituting his personal or family secret, without his consent, or distribution of this information in public speaking, publicly displayed work or media mass media —

Immunity Law

IN Russian legislation There is no uniform law on privacy and personal space. These issues are regulated by the provisions of the Constitution, Criminal and Civil Codes of the Russian Federation. Under consideration legal aspects privacy, attention should be paid to the relevant articles of these documents.

Is it possible to post someone else's photo on the Internet without permission?

The person depicted in the photograph has the right to demand that the photograph be removed, at a minimum. He can also file a claim and demand compensation for moral damage. If in voluntarily the violator does not satisfy the demand for compensation for moral damages for illegally posting a photograph on the Internet, then the injured party can safely go to court with statement of claim. According to the law, a citizen’s image cannot be used without his consent.

Article 137

Dissemination of information about personal or family secrets can also take place through a publicly displayed work. By the latter we must understand the expression in artistic form thoughts, ideas of the author. Depending on the type of art, a work can be objectively expressed in musical, song, visual and other forms. However, the crime will only occur when the work is publicly displayed. Public demonstration of a work should mean its display, broadcast, or any other reproduction to an indefinite number of people. Thus, publishing photographs and other images of private individuals without their consent should certainly be criminally punishable.

A high-quality photo/video camera is now built into almost every phone. Video filming has become a part of the life of Russians, including public life. And what more people and objects fall into the frame, the higher the risk that the photographer will be contacted with a claim. So that you are prepared for any situation, we will consider in detail in this publication when shooting without consent is allowed, in what cases it is possible to publish photographs on the Internet, and which images lead to a ban on sale of the photo.

What can be considered illegal filming?

The question of “legitimacy of the acts committed” inevitably comes to everyone who decides to take up photography. And most often, proposals to turn off the camera come from people who do not know for sure the legality of their own actions. However, the law clearly defines situations in which photographing a person without their consent is prohibited. Accordingly, if the situation does not fall under the ban, absolutely everything can be filmed.

The above statement is supported by Article 29 of the Constitution of the Russian Federation. According to the Basic Law, any citizen has the right to receive and disseminate information in any form by any means. Video and photography are part of information gathering. And your right to collect information in this way is protected by law.

The Information Law also establishes the right of a citizen to freely film where it is not prohibited. Article 7 of the Law defines the concept of “information”, i.e. shooting objects. According to it, information to which there is no restriction on access is classified as publicly available. Accordingly, each person can use this data at his own discretion.

A reasonable question arises: what to do if you are told that filming cannot be carried out? The answer is also contained in the Information Law. Article 9 of the Law determines that restrictions on filming are established on federal level. Those. personal initiative of a private or legal entity is not prohibited.

Responsibility for attempting to interfere with lawful filming

Filming in public places is allowed always and everywhere, regardless of the time of day or season. Restrictions are allowed only at the level Federal Law. Accordingly, any prohibitions established at the local level fall under the article “arbitrariness”.

If attempts to interfere with filming in a public place occur with the use of physical force, this falls under Article 330 of the Criminal Code. Law enforcement officers attempting to illegally interrupt filming are liable in accordance with Article 203 and Article 286 of the Criminal Code for exceeding official powers.

Often, a person with a camera is put under pressure to delete the footage. This falls under Article 1252 of the Civil Code and is considered a gross violation of copyright.

An attempt to take away a memory card or camera is considered as Article 161 of the Criminal Code - “robbery”, i.e. an attempt to openly take possession of someone else's property.

The most “harmless” attempt to interfere with filming from a legal standpoint is to cover the frame with your body. But for this, a person may also bear administrative liability under Art. “petty hooliganism.”

Hidden camera filming without consent: filming without warning and punishment for hidden video/photo shooting

Covert recording devices are prohibited in Russia. There were precedents when individuals were held administratively liable not only for secretly filming a private person without his consent, but also simply for purchasing Chinese video cameras disguised as lighters and fountain pens. But it is important to distinguish between “covert filming devices” and “filming without warning.”

Important: If you knowingly covered up the LEDs on the camera, but in the video you assure that you are not filming, these are signs of creating a covert recording device. Moreover, if you have a camera hanging around your neck and you simply did not warn the respondent that he was filming at the moment- this is not prohibited.

But punishment for filming without consent may not occur, even if the respondent was sure that the camera was turned off. To do this, before publishing, you need to change the voice and apply a blur effect to the video. Then the participant simply will not be able to prove in court that it is he in the video. This is exactly what journalists do when preparing television investigations.

What happens to video and photography of people without their permission?

Filming in public places is permitted. But it is inevitably associated with the inclusion of additional participants in the action in the form of random passers-by. The Civil Code (Article 152.1) protects the right of people not to be depicted in images. However, the Civil Code does not introduce any bans on filming. This article requires only restrictions on the distribution of materials from the author of the image. Those. Photos can be made public only with the consent of the participants in the shooting.

In order for a person to demand restrictions on the distribution of photographs with his participation, it will be necessary to prove that he is the central figure of the composition.

For example: if the central figure of the photo is a monument, then there is no need to ask the consent of tourists caught in the frame to publish the photo. If a person is in focus and in portrait mode- he is the central figure and his permission is required.

Important: This rule does not apply to civil servants during execution. Police, ambulance, fire service, security workers, etc. Filming without consent individual V in this case is allowed completely if employees are on duty.

Responsibility for illegal filming of children and without parental consent

If the child is not the central figure of the frame, permission to photograph is not required. If you plan to talk with a child on camera, conduct a video survey on the street, etc., then such filming of minors without parental consent is unacceptable.

According to the law, a child can only consent to filming if he or she is 14 years old. Before reaching this age, permission to film is provided by a parent, guardian or responsible person (for example, a teacher if the child is a schoolchild or a teacher if the action takes place in a kindergarten).

Recording interviews with children or conducting portrait photo sessions without parental consent and publishing them later is prohibited.

Important: As in other cases, prohibitions apply to the further use of materials, and not to taking photographs (according to Article 152.1 of the Civil Code of the Russian Federation). In public places, filming in any form is allowed.

Filming without consent on private property and in public places

Filming on private property without the owner's permission is prohibited. The inviolability of property is guaranteed by the basic law and Article 29 of the Civil Code. According to the article, the owner of the property has the right to dispose of it at his own discretion, incl. allow and prohibit video filming of property.

But this article is often used by store owners, retail outlets and restaurants. That is why at the entrances to such establishments we see the warning “ illegal filming on camera is prohibited.”

In this case, there is a direct violation of the law, because public establishments are equivalent to public places Accordingly, an unauthorized ban on filming and obstruction of it leads to the legal consequences described above.

Important: If you are prohibited from taking photographs or shooting videos in a service establishment, you should refer to the Consumer Rights Protection Law. According to it, the responsibilities of staff include providing the maximum complete information about the product provided. And the consumer, in turn, has the right to record this information in any convenient form(including video and photos).

Moreover, Article 16 of this law determines that there can be no restrictions on photo and video filming and only state institutions has the right to limit it. A call to the police by staff will be classified as a “false call.”

An attempt to ban filming citing trade secrets is also doomed to failure. After all, the Law on Trade Secrets clearly defines the characteristics of information falling under this concept - according to the Law, only information with limited access can be a trade secret. If the owner has not knowingly limited access to information, then it cannot be considered a secret.

In the process of professional activities photographers (and not only photographers) ask approximately the following questions:

• Is it possible to post photographs of people on websites on the Internet or display photographs of yourself in public open exhibitions without the model's permission?
• Is it possible to sell photographs of people without their consent?
• Is it possible to use photographs of a model in advertising without her permission?
• Is it possible to photograph people without their consent?
• What is, When and Why is a model release needed?
• Can I, as a photographer, use photographs without the model's permission?
• Should the agreement be oral or written?
• What to do if the model is underage?

Answers to these and other questions can be found in this article.

The general rule is that the model must agree!

There is one interesting article in the Civil Code of the Russian Federation - 152.1 “Protection of a citizen’s image,” which specifically concerns photographers and models. This article, on the one hand, answers a number of questions, and on the other, raises new questions.

The basic rule states: the publication and further use of a citizen’s image (including his photograph) is allowed only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents.

In other words, you can photograph a person without his consent.

A photographer can violate the rights of the photographed person only when:

1. Will publish the photo, that is, it will open primary access to the photograph to an unlimited number of persons.

The concept " publication"from the point of view of the Supreme Court (clause 43 of the RF PPVS of June 23, 2015 No. 25) is the implementation of an action that for the first time makes this image available to the public by publishing it, publicly displaying it or in any other way, including posting it on Internet network.

2. Start using photography. The use of a photograph means: reproduction, distribution (including sale), public display (including on an Internet site), import of the original or copies of a photograph, processing of a photograph, etc. You can read more about the use of photography in the article: “What rights does a photographer have to a photograph. Photographer's copyright."

When can you use photographs without permission from the model (person being photographed)?

In total, there are 3 exceptions to the general rule when you can use photographs without the model’s permission (clauses 1, 2, 3, clause 1, article 152.1 of the Civil Code of the Russian Federation).

Permission for publication and further use of the photograph not required in the following cases :

1. The use of the image is carried out in state, public or other public interests.

This means that for state, public and other public figures the right to personal image operates in a narrower area than for ordinary citizens. For example, you can use photographs of the president, governor, etc. without their consent.

The decision of the European Court of Human Rights of June 24, 2004 contains the position of the national court that a certain “public person” is a “significant figure modern history and therefore [she] must tolerate the publication without her consent of the photographs in question, which were all, without exception, taken in public places.”

Also interesting findings can be found in judicial practice(PPVS of the Russian Federation dated June 15, 2010 N 16 “On the practice of application of the law by courts Russian Federation"about the media"):

TO public interest It should be attributed not to any interest shown by the audience, but, for example, to the need of society to detect and disclose threats to a democratic state of law and civil society, public safety, and the environment.

A distinction must be made between reporting facts (even highly controversial ones) that could have an impact positive influence for discussion in society of issues relating, for example, to the performance of one’s functions officials and public figures, and reporting details of the private life of a person not engaged in any public activity. While in the first case the media fulfill a public duty in informing citizens on issues of concern public interest, in the second case they do not play such a role.

!! NEW CLARIFICATIONS Supreme Court

Without the consent of a citizen, the publication and use of his image is permissible when public interest, in particular if such a citizen is a public figure(occupies a state or municipal position, plays a significant role in public life in the field of politics, economics, art, sports or any other field), and the publication and use of the image is carried out in connection with a political or public debate or interest in this person is socially significant.

At the same time consent is required, if the sole purpose of disclosing and using the facial image is satisfying philistine interest in his private life or making profit.

No consent required to publish and use a citizen’s image, if necessary in order to protect law and order and state security (for example, in connection with the search for citizens, including missing persons or those who are participants or eyewitnesses of an offense).

2. The image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events) , unless such image is the main object of use.

In other words, you can use a photograph of a person who is in a crowd of other people, but you cannot use a cropped image where the portrait of this person is placed throughout the photograph.

!! NEW CLARIFICATIONS Supreme Court(PPVS of the Russian Federation dated June 23, 2015 No. 25):

The image of a citizen in a photograph taken in public place, will not be the main object of use if, in general, the photograph displays information about the public event on which it was made.

By general rule, if the citizens depicted in a collective photograph have clearly expressed their consent to the photograph and have not prohibited the publication and use of the photograph, then one of these citizens has the right to publish and use such an image without obtaining additional consent from other persons depicted in the photograph, except in cases , if such an image contains information about the private life of these persons.

3. Citizen posed for a fee.

In this case, if the model was paid money for posing, it is necessary to take a receipt from her, which should indicate: the full name of the model, the amount she received, the date, from whom and for what she received the money, where, when and by whom the photo shoot was conducted (place) , signature. This receipt will protect the photographer from further claims from the model.

There is another option. It concerns TFP shooting, that is, when the model poses for the photographer for photographs. In this case, photographs are payment for posing. This is not a gratuitous legal relationship. Therefore, in this case, you need to take a receipt from the model stating that as payment for posing, the model received N number of photographs in digital or printed form.

If the model is underage, a similar receipt should be taken from legal representatives– parents.

If a person himself posted his photographs on the Internet: can they be used?

The following answer can be given to this question (based on the RF PPVS dated June 23, 2015 No. 25):

1. Publication of a citizen’s image, including placing it yourself citizen on the Internet, and general availability such an image do not in themselves give other persons the right to freely use such image without obtaining the consent of the person depicted (except for 3 cases when consent is not required).

2. At the same time, the circumstances of the citizen posting his image on the Internet may indicate the expression of consent by such person for further use of this image, for example, if this is provided for in the terms of use of the site, on which such an image is posted by a citizen.

In what form should I give consent to the publication and further use of a citizen’s image?

The law allows oral and written forms. Because consent is a transaction. Also, a transaction is considered completed in the case when his will to complete the transaction is clear from the person’s behavior.

For example, if a person voluntarily gives an interview to a TV channel, then his actions (posing for the camera, answering questions) indicate his consent to the further use of the interview with his participation, including his images.

But, so that in case of misunderstanding, the question does not reach legal proceedings, it is better, of course, to formalize everything in writing.

You can also include a number of conditions in the consent (if desired). For example, you can determine the procedure and limits for the publication and use of an image (provide for the period for which it is given, as well as ways of using this image).