Image right

Recently, I was faced with the fact that the photos with my image were published on one of the photo banks, by itself without my consent. That is, the person not only published these photos, without asking me for permission, and also decided to earn money from it. Immediately I warn you: no sedition, ordinary ordinary photos, but the very question!

So. I will explain the possible steps in this case: crime and punishment, interested in asking for a cat:

Regulatory legal framework instead of entry

Article 1257 of the GKRF Copyright
The author of a work of science, literature or art is a citizen, by whose creative labor it was created. The person indicated as the author on the original or copy of the work, is considered its author, unless otherwise proved.

Similar norm in the Civil Code of Ukraine

Article 435. Subjects of Copyright

1. The primary subject of copyright is the author of the work. Due to the lack of evidence to the contrary, the author of a work is considered to be a natural person, indicated in the usual way as the author on the original or copy of the work (presumption of authorship).
')
2. The subjects of copyright are also other natural and legal persons who have acquired the rights to the work according to the contract or the law ..

From this it follows that if you created a graphic work: you wrote a picture, took a photo - you automatically become its author.

The copyright itself implies the acquisition of a complex of property (i.e., you can use the work in any form and in any manner not contrary to the law: reproduce, publicly show, distribute, etc.) and personal non-property rights (right of authorship, right to make public )

And it is here that there is one catch:

If you have photographed someone (hereinafter the model), then you are automatically recognized as the author of this work (in this case, the photo). But here your author’s right conflicts with the model’s right to image.

Article 152.1. Guarding the image of a citizen
Publication and further use of the image of a citizen (including his photographs, as well as videotapes or works of fine art, in which he is depicted) are allowed only with the consent of this citizen ...

Such consent is not required in cases where:

1) the use of the image is carried out in the state, public or other public interests
2) the image of a citizen was obtained when shooting, which is held in places open to free attendance, or at public events (meetings, congresses, conferences, concerts, shows, sports competitions and similar events), except when this image is the main object use;
3) the citizen posed for a fee

Similar norm in the Civil Code of Ukraine

Article 308. Protection of the interests of an individual, which is depicted in photographs and other artistic works.

1. Photography, other works of art in which an individual is depicted may be publicly shown, reproduced, distributed only with the consent of that person, and in the event of his death, with the consent of the persons specified in part four of Article 303 of this Code.

The consent given by the individual depicted in the photograph, another artwork, may be revoked after his death by persons specified in part four of Article 303 of this Code. The expenses of the person who performed the public display, reproduction or distribution of a photograph, other artwork, shall be reimbursed by these persons.

2. If an individual poses for the author for a fee, the photograph, other artistic work may be publicly shown, reproduced or distributed without his consent.

An individual who posed for the author of a photo, another artwork for a fee, and after his death his children and a widow (widower), parents, brothers and sisters may demand that the public display be ceased, the photo be reproduced or distributed, or another artwork provided other person related damages.

3. A photograph may be distributed without the permission of the individual who is depicted on it, if this is caused by the need to protect his interests or the interests of other persons.

So, you took a photo, but you did not give a consent model for publication. The implications of this are:

• You can not publish this photo, because you have not received the consent of the depicted citizen.
• The depicted citizen cannot publish a photo taken by you, without your consent, as this will violate the right of authorship

And here is a dead end, a vicious circle. No one can use this photo.

In order to avoid such incidents, both the model and the photographer are interested in concluding a civil law contract in which they transfer the necessary rights to each other. In Western practice, such a treaty is called " release ."

The release is one of the basic elements necessary for working with Western and domestic photobanks, unless of course you take pictures of kozyavok alone.

So, I found my photo on one of the photo banks, I don’t want it to disappear from there?

I found my photo, and even with the postscript: " with release ". This is the height of impudence to declare that there is an agreement with me when it is not :)

As I understand it, in fact the administration does not check the truthfulness of releases before the first issue.

I tried to resolve this misunderstanding in a peaceful way, just asking the user to remove my photo from the public. To which was refused.

Well, I read the user agreement:

Unauthorized use
It is not necessary to use it, it’s not necessary to use it. mark of any person / entity

In short, from what we need, here is what is contained in the article of the Civil Code of the Russian Federation that I cited at the very beginning, only in the Western manner.

So, I wrote a kind of ingenious English about something like this:

Hello!

My name is Sergey,% violin my %

I’m including this user. I want them being removed from your service .

Thanx in advance

Hello!

My name is such and I want you to pay attention to the violation of% username% of my image right, namely: (listing of photos)

To which I received a response literally within 8 hours (in the states it was night at the time of writing my first email)

Hello,

For your attention.

We received such reports. This is a model for a photographer. In order to proceed with the investigation, please provide additional proof .

Thank you for contacting us and drawing our attention to this issue.

We take this message seriously. And we have put the truth of the "release" of the model into question. The photographer provided us with a supposedly truthful release, which, as it turns out, was decorated with a different name. If you want us to continue the investigation, please send any document confirming that the person in the photo is you.

In response, I sent a copy of my passport . Their answer:

Hello Sergey,

Thank you for the addition proof provided.
We have taken the appropriate measures for this account. The files in
question are no longer listed for sale in our database .
Again, we appreciate you.

Thank you for verifying your identity.
We have taken the necessary measures for this account. The files you disputed are no longer in our database .

We thank you for your message.

As a result

As a conclusion: the photos were deleted by the administration, the pest account was blocked, apparently before it was clarified, and there is a suspicion that the money accumulated by unrighteous means was not returned to him, because

It is a legal practice to ensure that you have access to these images. There is no restriction in the use of the company.

Know your rights, comrades, even in such a petty matter! Since knowledge, a few extra gestures and a little patience do justice! :)

UPD1: Added a very free correspondence translation