"Share" photos with friends online legally
The Internet is developing much faster than current legislation.
Only now the Supreme Court has prepared explanations concerning, in particular, the use of a public image of a citizen (photo) on the Internet.
The question immediately arises: what does the published image of a citizen mean?
Under the publication of the image of a citizen, it is necessary to understand the implementation of the action, which 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.
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As a general rule, free (without obtaining consent) the use of someone's photo is prohibited.
There are exceptions to this rule.
Free use of the image is permissible if:
1. 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, performances, sports competitions and similar events), except when this image is the main object use;
3. Citizen posed for a fee.
This list of “free use” is supplemented by the case when a person independently posted his photo on an Internet resource, which provides for the possibility of its further use by all users.
The person placing his photo on such a resource, by default, allows its free use by users of the resource.
This is true for various social networks, blogs, when you can “share” your photo with friends.
The Supreme Court also clarified the terms of use of the collective snapshot.
As a general rule, if the citizens depicted in the collective photograph obviously agreed to take photographs and did not prohibit the disclosure and use of the photograph, one of these citizens has the right to publish and use such a picture without obtaining additional consent from other persons depicted in the photograph. Except if such an image contains information about the privacy of the persons depicted.
Time will tell how judicial practice will respond to these explanations.
In any case, you should be careful when posting your photos on the network, as well as when using other people's photos. If you yourself have posted your photo on the social network, it will be difficult to prohibit others from using your photo taking into account court clarifications.
Only now the Supreme Court has prepared explanations concerning, in particular, the use of a public image of a citizen (photo) on the Internet.
The question immediately arises: what does the published image of a citizen mean?
Under the publication of the image of a citizen, it is necessary to understand the implementation of the action, which 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.
')
As a general rule, free (without obtaining consent) the use of someone's photo is prohibited.
There are exceptions to this rule.
Free use of the image is permissible if:
1. 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, performances, sports competitions and similar events), except when this image is the main object use;
3. Citizen posed for a fee.
This list of “free use” is supplemented by the case when a person independently posted his photo on an Internet resource, which provides for the possibility of its further use by all users.
The person placing his photo on such a resource, by default, allows its free use by users of the resource.
This is true for various social networks, blogs, when you can “share” your photo with friends.
The Supreme Court also clarified the terms of use of the collective snapshot.
As a general rule, if the citizens depicted in the collective photograph obviously agreed to take photographs and did not prohibit the disclosure and use of the photograph, one of these citizens has the right to publish and use such a picture without obtaining additional consent from other persons depicted in the photograph. Except if such an image contains information about the privacy of the persons depicted.
Time will tell how judicial practice will respond to these explanations.
In any case, you should be careful when posting your photos on the network, as well as when using other people's photos. If you yourself have posted your photo on the social network, it will be difficult to prohibit others from using your photo taking into account court clarifications.
Source: https://habr.com/ru/post/292550/
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