Filming without consent: what is considered illegal filming. You can not publish other people's photos from social networks without permission

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

According to the current legislation, the copyright in photographs belongs to the photographer, he is a priori the author and has all the relevant rights. Photo copyrights 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. The right of authorship extends not only to the photograph itself, but also to its individual details. Assignment 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 one's 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 the negative or slide is lost, but the prints from them are preserved, then they are protected "as original". This greatly increases the value of such photo prints. There are photographers in the West who destroy the negatives after the first five to ten prints have been made. Their cost, due to the impossibility of creating additional copies, becomes very high.

The concept of the right to publish a photograph includes the right of the photographer to allow or refuse to bring the photograph to the public. This right can only be exercised once. If, for whatever reason, the photographer decides to withdraw his photograph after publication, he can exercise the right of withdrawal. Following the revocation, this photograph must not be used or referred to as the work of the photographer. The right to protect the author's reputation includes protection of the photograph from alteration: 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.

The photographer's property copyright includes the photographer's right to prohibit or permit the use of a photograph through reproduction and distribution, as well as public display, reproduction, sale or free distribution of copies of a photograph, and importation of a photograph into the country. Property rights also include the right to change a photograph, i.e. for its processing. Of these property rights, there are statutory exceptions that specify those cases in which a photograph can be used freely, without the consent of the author.

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

Let's say, an elderly photographer in his declining years decided to transfer his photo library to the city archive for a certain fee. In this case, after the conclusion of an agreement between a private and a legal entity, there is a transfer of property rights to the archive. Now the archive has the right to dispose of the received photo library, using the pictures, say, for exhibitions and publications. However, at the same time, the personal rights of the photographer must be respected: the surname of the author is reproduced under the pictures. Proprietary 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 a photo is given orally or in writing. Such permission is an author's agreement, according to which the user receives part of the property and copyrights.

Photographer's copyright arises from the moment the photograph is created and continues to be valid 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 by an organization by an employer, then such a photograph falls into a special category. legal regime and is considered "official". The personal copyright of the photographer for this photo is fully extended, but the property rights are transferred to the employers, for the entire duration of the copyright of the photographer himself. Additional fee for such a photo, except wages, not provided.

"Official" includes only those photographs that were taken on official behalf. If the employer has established "working standards", then photographs taken in excess of this norm are not considered "service" ones. The legislation provides for the conclusion of an agreement between the employer and the photographer. The contract stipulates the photographer's copyright for "service" 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 group of photographers. If such an agreement has not been concluded, then the photographer does not have the right to use "service" photos for personal purposes.

try do not transmit(even to the customer) photos in RAW format, as well as other source and working files. For example, a Photoshopa (psd) file can be a good proof of your photography work.

Enter in camera settings information about yourself(field owner / owner, authour / author, etc.). Specify the data in such a way that it is not difficult to establish your identity. At a minimum: first name, last name and other information (for example, your website address or passport number, etc.).

On photographs posted on the Internet, and, if possible, on all other photographs of yourself and in any other ways of using (including when printing photographs in magazines) place information about the author on the photo itself. Accepted format: © Author's First Name, Year of First Publication (for example, © Ivan Ivanov, 2008). It will not be superfluous to provide a link to your site, especially if you publish photos under a pseudonym. Please note that Art. 1271 of the Civil Code notifies of the exclusive right (these are the property rights of the authors), therefore, if you create a photo by 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) and identify 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 non-property rights (deletion of information about authorship or copyright holder), and in fact violators almost always delete or cut off information about the author and / or copyright sign.

Also applicable here are common ways copyright protection, such as: printing photos in a large format - an examination can determine the approximate time of printing, and accordingly - set your time priority - the priority of owning a photo in a certain period of time; notarial certificate; writing files to a one-time finalized disc; "registration" of copyrights in organizations for collective management copyright; publication of photographs in periodicals and / or other publications, etc.

The property rights of the author 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 right holder (initially the photographer, if the rights to use photographs are not transferred to other persons) to demand compensation in the event of violation of his exclusive right in the amount of 10 thousand rubles to 5 million rubles. At the same time, 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 of intellectual activity (for each individual use of the photograph), or for the committed offense as a whole. The big advantage of listing yourself as the author of the 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) photo (although the court does not always consider each photo 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.

Arbitrage practice

When applying to the court for protection of the copyright of a photographer, the latter must prove that he is the author of the photographs, and that he owns the proprietary 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 marked.

And only if the other party disputes 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 applying to the court, it is necessary to prove that the defendant illegally used other people's photographs. For example, if he posted them on his website on the Internet, then the most preferable proof of the violation would be certification by a notary of the pages of the site that use photographs.

Despite the fact that when applying to the 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 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 violator, the presence of violations of the copyright of this particular author previously committed by the person, the photographer’s probable losses, the proportionality of compensation to the consequences of the violation, etc.

It should be noted that if the photographer's claims are satisfied, the court must recover from the defendant the costs incurred by the photographer related to the consideration of the case in court. This includes: the state duty paid for going to court, payment for notary services to certify the Internet site, payment for lawyer services and other expenses.

Frequently asked Questions:

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

To indicate their copyright, the owner of the exclusive copyright may place a copyright notice on the photographs. 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 photo. 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 payment of remuneration to him?

A photograph can be used freely, that is, without the consent of the author and without paying him remuneration, only in the following cases: - a published photograph can be used in publications, television programs and video recordings of an educational nature; - the photo can be reproduced in a review of current events on television; - a photograph published in the press can be reproduced by a library or archive at the request of individual citizens or in research purposes; – a photograph placed in a collection or periodical may be reproduced educational institution for the purpose of displaying during the classroom. In all other cases, the use of a photo is allowed only with the consent of the photographer and with the payment of remuneration.

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

Copyright protects any original, creative photographic works and works obtained in a manner analogous to photography. The task of a photographer who takes photographs of a work of art and graphics is to achieve the correct color reproduction characteristic of the subject. No more. For this, appropriate light and photographic film are selected, special devices that define the color temperature. In other words, the task of a reproduction photographer is not to create an original author's work, but to achieve maximum compliance with the original being shot. Therefore, the 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.

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, inviolability 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 virtue 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 gained access to personal data are obliged not to disclose to third parties and not to 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 someone else's photos

1. Publication and further use of the image of a citizen (including his photograph, as well as video recordings or works visual arts in which he is depicted) are allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the 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 other people's intimate photos

And now imagine the next day your pictures appear in your entrance with someone, it’s elementary to make a photo montage, and to whom you will prove that this is not so, all the same, you can solve the issue more radically not with your husband’s girlfriend, but with your husband, without taking dirty linen out of the hut .

Responsibility for posting photos on the Internet

It's much scarier when a person you know in real life, having got a grudge against you, decides to take revenge, using all the techniques and methods available in his hands. They are especially distinguished by this former lovers and spouses. In such cases, the case may not be limited hurtful words, and even photos of an intimate nature that were taken during a cloudless relationship can be used for posting on the Internet.

Responsibility for posting photos of minors

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

Article for distributing personal photos

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

Immunity Law

Russian legislation does not have a unified law on private life and personal space. These issues are regulated by the provisions of the Constitution, the Criminal and Civil Codes of the Russian Federation. In considering the legal aspects of private life, attention should be focused on the relevant articles of these documents.

Can I post someone else's photo online without permission?

The person depicted in the photo has the right to demand the removal of the photo - this is at least. He can also file a claim and demand compensation for non-pecuniary damage. If, on a voluntary basis, the violator does not satisfy the claim for compensation for non-pecuniary damage for the illegal placement of a photograph on the Internet, then the injured party can safely go to court with statement of claim. By law, the image of a citizen cannot be used without his consent.

Article 137

Sharing information about personal or family secret can also take place through a publicly displayed work. Under the latter it is necessary to understand the expression in the artistic form of the thoughts, ideas of the author. Depending on the variety of art forms, a work can objectively be expressed in musical, song, visual and other forms. However, the offense will only take place when the work is publicly shown. The public demonstration of a work should be understood as its display, broadcast, or any other reproduction to an indefinite circle of persons. Thus, the publication of photographs and other images of 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 Russian life, including public life. And than more people and objects enter 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 take a detailed look in this publication when shooting without consent is allowed, in what cases it is possible to publish photos on the network and what images lead to the fact that a photo is banned from sale.

What can be considered illegal filming

The question of “the legality 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 eligibility. own actions. However, the law clearly defines situations in which it is prohibited to film a person without their consent. Accordingly, if the situation does not fall under the case of a 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, every citizen has the right to receive and disseminate information in any form by any means. Video and photography are part of the collection of information. And your right to collect information in this way is protected by law.

The Law on Information also enshrines 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 their own discretion.

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

Liability for attempting to interfere with lawful filming

Shooting 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 who try 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 remove the footage. This falls under Article 1252 of the Civil Code and is regarded as a gross violation of copyright.

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

The most “harmless” attempt from the standpoint of the law to interfere with the shooting is to close the frame with the body. But even for this, a person may be held administratively liable under Art. "petty mischief".

Filming with a hidden camera without consent: filming without warning and punishment for hidden video / photo shooting

Covert shooting devices are prohibited in Russia. There were precedents when people were held administratively liable not only for the fact that a private person was filmed without his consent, but also for the purchase of Chinese video cameras disguised as lighters and fountain pens. But it is important to distinguish between "covert shooting devices" and "unwarned shooting".

Important: If you knowingly glued the LEDs on the camera, and on the video you assure that you are not shooting, these are signs of the creation of a covert shooting device. Moreover, if you have a camera hanging around your neck and you simply did not warn the respondent that he was shooting in this moment- it is not prohibited.

But the punishment for filming without consent may not come, 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 who is in the video. This is exactly what journalists do when preparing television investigations.

What will happen for video and photography of people without their permission

Photography in public places is allowed. But it is inevitably associated with getting into the frame 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 impose filming bans. This article requires the author of the image only restrictions on the distribution of materials. Those. You can publish photos only with the consent of the participants in the shooting.

In order for a person to demand restrictions on the distribution of photos with his participation, you will have to prove that he is central figure compositions.

For example: if the central figure of the photo is a monument, then there is no need to ask the consent of the tourists caught in the frame to publish the photo. If a person is located in the image 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 on duty. Police, ambulance, fire service, security personnel, etc. Filming without consent individual in this case, it is allowed in full if employees are on duty.

Responsibility for illegal filming of children and without parental consent

If the child is not the centerpiece of the frame, permission to film is not required. If you plan to talk to 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 being photographed if he or she is 14 years old. Before reaching this age, permission to film must be granted by a parent, guardian or responsible person(for example, a teacher if the child is a student or a teacher if the action takes place in a kindergarten).

It is forbidden to record interviews with children or conduct portrait photo shoots without parental consent, and then publish them later.

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

Filming without consent on private property and in public places

Filming on private property without permission from the owner is prohibited. The inviolability of property is guaranteed by the fundamental 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 often used by owners of shops, retail outlets and restaurants. That is why at the entrances to such establishments we see the warning “illegal filming is prohibited”.

In this case, there is a direct violation of the law, because. public institutions are equated to public places, respectively, an unauthorized ban on filming and an obstacle to it leads to the legal consequences described above.

Important: If you are prohibited from taking photographs or filming videos in a service establishment, you should refer to the Consumer Protection Act. According to him, it is the responsibility of the staff to provide 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 photography and video filming, and only state institutions right to restrict it. A call to the police by staff will qualify as a “false call”.

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

In the course of its professional activity photographers (and not only photographers) ask about the following questions:

• Can I post photos of people on sites on the Internet or position my photos in public outdoor exhibitions without the permission of the model?
• Can I sell photos of people without their consent?
• Can photos of a model be used in advertising without her permission?
• Can people be photographed without their consent?
• What is, When and Why do you need a model release?
• Can I, as a photographer, use photos without the model's permission?
• Should the agreement be oral or written?
• What if the model is underage?

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

The general rule is that the model must agree!

The Civil Code of the Russian Federation has one interesting article- 152.1 "Protection of the image of a citizen", which just concerns photographers and models. On the one hand, this article answers a number of questions, and on the other hand, it raises new questions.

The basic rule says: the publication and further use of the image of a citizen (including his photograph) is allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the 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 person being photographed only when:

1. Reveals a photo, that is, it will open primary access to the photo to an unlimited number of people.

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

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

When can photos be used without the permission of the model (person being photographed)?

There are 3 exceptions in total. general rule when you can use photos without the permission of the model (clauses 1,2,3 clause 1 of article 152.1 of the Civil Code of the Russian Federation).

Permission to release and further use of the photo not required in the following cases :

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

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

The decision of the European Court of Human Rights of 24 June 2004 contains the position of the national court that a certain “public figure” 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 conclusions can be found in judicial practice (PPVS of the Russian Federation of June 15, 2010 N 16 “On the practice of applying the law of the Russian Federation “on the mass media” by the courts):

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

A distinction must be made between reporting facts (even highly controversial ones) that can have a positive impact on public discussion of issues related, for example, to the performance of their functions by officials and public figures, and the communication of details of the private life of a person who is not engaged in any public activity. While in the first case, the media perform a public duty to inform citizens on matters of 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 there is 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 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 discussion or interest in this person is socially significant.

However, consent required if the sole purpose of publishing and using the face image is satisfying the philistine interest in his private life or making a profit.

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

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

In other words, you can use a photo 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 on the entire photo.

!! NEW CLARIFICATIONS Supreme Court(PPVS RF dated June 23, 2015 No. 25):

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

As a general rule, if the citizens depicted in the collective photograph clearly expressed their consent to the photographing and at the same time did not prohibit 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 to this from other persons depicted in the photograph, unless such image contains information about the private lives of said persons.

3. Citizen posed for pay.

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 session was held (place) , signature. This receipt will protect the photographer from further claims of the model.

There is another option. It concerns shooting TFP, that is, when a model poses for a photographer for photos. In this case, the photos are payment for posing. This is not a free relationship. Therefore, in this case, a receipt must be taken from the model that, as payment for posing, the model received N number of photographs in digital or printed form.

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

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

This question can be answered as follows (based on the PPVS of the Russian Federation dated June 23, 2015 No. 25):

1. Publication of the image of a citizen, including posting it yourself citizen on the Internet, and public accessibility such an image do not by themselves give others the right to freely use such an image without obtaining the consent of the depicted person (with the exception of 3 cases where consent is not required).

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

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

The law allows oral, written form. Because consent is a deal. Also, a transaction is considered to be completed in the case when the behavior of a person reveals his will to make a transaction.

For example, if a person voluntarily gives an interview to a TV channel, then from 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, in case of misunderstanding, the question does not reach litigation It's best to do everything in writing.

You can also include a number of conditions in the consent (if desired). For example, it is possible to 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 to use this image).

This article details the use of photography without consent and everything you need to know about it. Nowadays, everyone has the opportunity to take a picture. Personal photos of people flooded the Internet. Now almost any person can be found on social networks and view his image. Many people, especially scammers, have the opportunity to use a personal photo of a person for their own personal interests. But is such an act a crime and will it be subject to any punishment. This question cannot be answered unequivocally, because some images are private property, life, others are copyrighted.

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 public place when holding, for example, a holiday, only if the person is not assigned to general photo;
3. If the image of a person was made for a fee, and the citizen was aware of his actions.

All used images, according to the court decision, must be destroyed, without 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 the image falls under Articles 1229, 1223 of the Civil Code of the Russian Federation. According to them, several people can be the owners of the photo. The photo must meet the requirements established by the Civil Code of the Russian Federation. Only the right holders can manage them. They have the right to provide the use of the result of their activities for a certain period for a fee or free of charge.

In addition, the owner of the photo may have the appropriate copyright, which is regulated by the civil code article 1259. In accordance with it, a list of objects for which you can have copyright is defined. 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, it is not a violation of copyright, a violation of the rules for using a photo, a violation of exclusive rights to create a caricature and a parody of an image.

Criminal prosecution for using someone else's photo

Using someone else's photo falls under criminal prosecution in accordance with article 137. For such a crime, the attacker will suffer the following penalties:

• Recovery in the form of a fine, deprivation of wages - 200 thousand rubles, a year and a half, 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 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 office for 5 years);
• Imprisonment, arrest - 4 years, half a year respectively + (deprivation of office for 5 years).

If the distribution of the photo is committed publicly or in the media, in relation to a minor, then the offender will suffer a heavier punishment.

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

The measures of punishment indicated in brackets are assigned in addition to the main punishment indicated without brackets and are appointed by a court decision.

In addition, using someone else's photo may violate copyright. For such a crime, criminal liability is also provided for under article 146. In accordance with it, an attacker who made public or used someone else's photo, thereby violating copyright, will be punished:

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

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

1. Fine, deprivation of wages - 200 thousand rubles, a year and a half, respectively;
2. Compulsory, corrective labor - 480 hours, 1 year, respectively;
3. Arrested for six months.

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

Editor: Igor Reshetov