"Classmates" violate copyright?

Today I finally saw the well-known social network odnoklassniki.ru “from the inside”. In the eyes of the user, so to speak. Before that, I only saw the main page. I will not say how things are with usability, I think everyone already knows ... or guess at least.

And then my eyes fell on photos uploaded by users.

The bottom right is the logo and the inscription "classmates.ru". They are embedded automatically in each uploaded photo (example under the cut).
It seems that Odnoklassniki violate the law.
')
Sample photo:



We read their "Terms of Use" .
I will highlight only important points for us.

• 2.2. In the event that certain issues are not regulated by these Regulations or other agreement of the parties, the law of the Russian Federation shall be applied to the relations of the parties.
• 3.2. The Website Owner is an information intermediary and provides services for the transmission, storage and access via the Internet to the information provided by the Users, graphic images and other materials. Any information provided by Users and transmitted through the Site is transmitted without changes and corrections.
• 5.13. It is prohibited to place on the Site as your own photo images of other persons or fictional characters, images of animals, objects, abstract images, as well as any other graphic images that are not images of the person hosting the image data;
• 6.1. The User has the right to place on the Site information about himself, his photos, evaluate and comment on photos of other Users, create new communities and join existing ones, use other services of the Site.
• 6.2. The user undertakes to refrain from the prohibited actions specified in section 5. of these Regulations.
• 6.3. The user has the right to moderate photos posted on the Site by other Users. To realize this opportunity, you must subscribe to moderation by changing the appropriate settings of your personal Account page.
• 7.4. The administration has the right, but not the obligation, to moderate messages, photos and other materials posted by Users on the Site.

By the way, the clause notifying the user that he agrees with the regulations agree to provide their data, images, etc. for public use I have not found.
So, we can upload our images, and the administration can only moderate them. About making changes to the image of speech is not. It means that the users are actually deceived and the actions of the administration are illegal.

Going further ...

I think you remember the scandal around odnoklassniki.km.ru? Not? Then be sure to read .
I also found a court order .
Consequently, "classmates" and "odnoklassniki" are a trademark of the same name LLC. Hmm ... Km.ru promised to appeal, while nothing is known about it. So-so-so, so classmates insert their trademark in the images of users. What does the legislation of the Russian Federation?

Civil Code of the Russian Federation of December 18, 2006 N230-FZ - Part 4 . Read the original .

• Article 1255. Copyright
  1. Intellectual property rights to works of science, literature and art are copyright.
  2. The author of the work has the following rights:
  
  • exclusive right to work;
  • copyright;
  • author's right to name;
  • the right to the inviolability of the work;
  • right to publish the work.
• Article 1257. Author of the work
  The author of a work of science, literature or art is a citizen whose creative work it was created. The person specified as the author on the original or copy of the work, is considered its author, unless otherwise proved.
• Article 1259. Objects of Copyright
  1. The objects of copyright are works of science, literature and art, regardless of the merits and purpose of the work, as well as the way it is expressed:
  
  • literary works;
  • dramatic and musical dramatic works, screenplays;
  • choreographic works and pantomimes;
  • musical works with or without text;
  • audiovisual works;
  • works of painting, sculpture, graphics, design, graphic stories, comics and other works of art;
  • works of arts and crafts and stage design;
  • works of architecture, urban planning and landscape art, including in the form of projects, drawings, images and models;
  • photographic works and works obtained by methods similar to photography;
  • geographic, geological, and other maps, plans, sketches, and plastic works related to geography, topography, and other sciences;
  • other works.
  
  3. Copyright extends both to published and unpublished works expressed in any objective form, including in written, oral form (in the form of public pronouncement, public performance and other similar form), in the form of an image, in the form of sound or video, in three-dimensional form.
  4. For the emergence, exercise and protection of copyright does not require registration of the work or compliance with any other formalities.
• Article 1266. Right to the inviolability of the work and protection of the work from distortion
  1. It is not allowed without the consent of the author to make changes in his work , abbreviations and additions, supplying the work with its illustrations , preface, afterword, commentary or any explanations (right to the inviolability of the work).

Violation of Article 1266, clause 1.

I still said something about the trademark, right?

The Law of the Russian Federation of September 23, 1992 No. 3520-I
“About trademarks, service marks
and appellations of origin of goods "(with amendments and additions made by the Federal Law of December 11, 2002 No. 166-FZ" On Amendments and Addenda to the Law of the Russian Federation "On Trademarks, Service Marks and Appellations of Origin" Read the original .

Article 22. The use of a trademark and the consequences of its non-use

1. The use of a trademark is considered to be its use on goods for which the trademark is registered ,
and (or) their packaging by the right holder or the person to whom such right is granted on the basis of a licensed
agreement in accordance with Article 26 of this Law.

Use can also be recognized as the use of a trademark in advertising , print publications, official
blanks, on signboards, at demonstration of exhibits at exhibitions and fairs held in the Russian Federation, with
the presence of valid reasons for the non-use of a trademark on goods and (or) their packaging.

Only the point about advertising fits the most ... But violating copyright and using it for advertising purposes is a sin ^{in the square} ))

Why is this all?

Perhaps someone will be interested in more details and they will start digging deeper ... I speak only for respecting copyrights, I am against their violation on such a scale.

PS I would welcome any comments and comments.
PSS This is my first public topic in Habré, if something goes wrong - scold)

upd : thanks to Derok_McGrow and Avg00r for the amendments provided