The Supreme Court of the Russian Federation explained the procedure for using photos on the Internet

The right to use photos posted on the Web by people who have nothing to do with this photo are not its authors - a difficult problem. To solve this problem, the Supreme Court of the Russian Federation even adopted a special resolution on the issues of applying a number of provisions of section I of the provisions of the first part of the Civil Code of the Russian Federation , writes “Right”. In other words, the Supreme Court of the Russian Federation explained the procedure for using alien and joint photographs that were posted on the Web. In this case, the right to share photos are all those who are depicted in the picture. And the placement of photos on sites with the possibility of repost is recognized as an expression of consent to the further use of these images.

Lidia Mikheeva, deputy chairman of the Council for the Research Center for Private Law, said that at present analysts, experts and journalists are trying to convey to the “ordinary citizen” the main provisions of the decree.

For example, in paragraph 43 of the resolution, “promulgation” proposed to consider “the implementation of an action that for the first time makes this image available to the public, through its publication, public display or in any other way, including posting it on the Internet.”

The court order clarifies that if a citizen published a photo on the Web on his own, then without obtaining the consent of the person depicted in the photograph, use a photo. There are exceptions to this rule - if a citizen is a public figure, or publication is necessary for the purposes of law and order and state security, then you can publish such a snapshot without the permission of the person who published the snapshot.
')
If such a photo is posted on a resource that suggests the possibility of republishing the picture by other users (repost), then the placement of the picture is the consent of the person who published the photo to these conditions.

In addition, the court allows the publication of images taken in a public place or at an event. If the people who are depicted in the picture together, did not prohibit the publication of the picture, and also expressed their consent to the photography, then all these people have the right to use the photo without the consent of the others. There is also an exception to this rule - if the image contains information about the private lives of the specified persons. “That is, if you had a student party and you agreed to take a picture, do not be surprised that the image will go for a walk on the net. If the photo showed a family, and after the couple divorced, it would be wrong to publish such an image, ”Mikheeva said.

Consent to the publication of the image is in the form of a transaction orally or in writing.