By the total number of photos published. Can a photograph be used without the permission of the person being photographed (model)? In what form to give consent to the publication and further use of the image of a citizen

A photo bank is an image repository that simultaneously acts as an intermediary between the photographer and the buyer: websites, print media, design and advertising agencies. He negotiates with existing clients, looks for new ones, makes all financial calculations.

According to the ratings of photobanks, frames with everyday scenes, emotional showdown are in great demand. Business sketches will not be left without attention: working meetings, the head at the table, employees in time pressure. The topic of happy old age is relevant - grandparents surrounded by grandchildren. And object shooting of fruits, decorations, interior details is always in demand. Uploaded photos are checked by the editor and only after his approval are published in the catalog. You can upload pictures to several photobanks at once, if this is not prohibited by the terms of the copyright transfer agreement.

All images must be accompanied by keywords (usually at least five) that make it clear what is captured in the photo and allow you to quickly find the right picture. Many photographers duplicate the description in English in order to collaborate not only with Russian-speaking buyers.

Keep in mind that if the photo is of a person, you must attach a model release without fail. This is the agreement of the model for the free use of the image. If you photographed minors, you will need a contract signed by their parents. A sample of this document can be found on the website of the photo bank.

head of PR department at Fotobank/Getty Images:

In print and online publications

Major newspapers and magazines either use the services of trusted photographers or collaborate with certain photo banks. Therefore, it is quite difficult for a beginner or inexperienced amateur photographer to publish in them. But smaller ones may well buy your pictures. Do you have a favorite magazine or news site? Contact the editor and offer your services. Don't forget to attach a link to your portfolio, without it the photo editor most likely won't consider your application.

Publishers and advertising agencies

Do not limit the circle of customers. Your photos may be in demand, for example, by publishers of postcards and calendars or by advertising agencies. They have their own bases of photographers, and it is from them that they begin their search. Getting into this number is not very difficult: offer your work. Remember at the same time that it is easier and faster for editors to view them on your website or in a profile on a special resource than through an archive attached to a letter.

At the device

Remember: before you start making money from your pictures and videos, you will have to buy quality equipment.

In your right

The main document in cooperation with a photo bank is an agreement on the transfer of copyright. When transferring exclusive rights, you should delete the photo from the databases of other photo banks for the period specified in the agreement - you will not be able to sell this photo within the specified period, but the fee will be higher. Non-exclusive rights do not impose such restrictions: you will receive money for your picture as many times as it is bought from you.

Showed everyone

in advertising and documentaries often use videos shot by non-professionals, training videos are popular, for example, on how to do a haircut. Local TV channels and news websites sometimes buy footage from the scene that illustrates or even becomes a story. Main requirements: the video must be shot by you personally, and it must not contain copyrighted content.

Remember that the photo must be:

• copyright;
• high-quality (no overexposure and dips in the shadows, no digital noise and compression artifacts);
• without dates, signatures, copyrights, frames, borders;
• with well built composition and plot.

Photo prices

Photo banks: the price varies depending on the size of the image and the purpose of its use. The photo bank will evaluate your picture according to its price list and after the sale will pay you a fee of 30-50% of the total cost - from 10 to several thousand rubles per photo.

Printed and online editions: depends on the magazine/newspaper/website. On average, one photo can earn from 300 rubles.

Publishers and advertising agencies: here you can bargain, but remember that it will be more profitable for you to sell more frames at a low price than not to sell one because of the exorbitant cost. Advertisers and publishers pay about 500 rubles per picture.

You can post your work...

In photobanks:

• http://www.fotobank.ru/
• http://www.profimages.ru/
• http://lori.ru/
• http://www.microstock.ru/
• http://www.clipartbank.ru/
• http://www.fotostoki.ru/
• http://club.foto.ru/
• http://photoxpress.ru/
• http://ru.depositphotos.com/

In videobanks:

• http://lori.ru/
• http://shop.565.ru/
• http://www.shutterstock.com/
• http://www.pond5.com/
• http://www.revostock.com/

TEXT: Irina Styufeeva

When your photo is posted online without your consent, it is against the law. Sometimes this leads to scandals, harassment and even dismissals. We tell you what to do if you find a photo on the network that you did not allow to post.

Article 152.1 of the Civil Code of the Russian Federation says that to publish and use images of a citizen - photographs, videos or works visual arts- only with his consent. There are exceptions to this rule.

When can my photo be used without my permission?

It can be used in state, public or other public interests. If you are a public figure, hold a government or municipal position, are successful in any field, or are wanted by law enforcement.

If you were filmed in a place open to the public or at a public event - a concert, rally, mass meeting. There is a nuance here: a photo from a concert, for example, can be distributed, and a photo from a rally where you were taken close-up, distributed on the Internet without your permission, is a violation of the law.

If you posed for a fee.

If you yourself posted a photo on the site and the terms of use of this site allow your image to be used.

And what to do in other cases?

Request the removal of the image. You have the right to do so under paragraph 3 of Article 152.1 of the Civil Code of the Russian Federation.

If you are denied, apply to the court. In court, you can achieve not only the removal of photos, but also receive compensation for moral and other harm.

If, in addition to the photo, something unpleasant was written about you, demand in court a refutation of discrediting honor, dignity or business reputation information.

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 private and 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 official assignment given by an organization by an employer, then such a photograph falls into a special 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), 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 (removal 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.

Such general methods of copyright protection are also applicable here, 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 the collective management of copyrights; 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 can claim 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 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 infringer, 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 for 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. To do this, appropriate light and film are selected, special devices are used that determine 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.

The Supreme Court of Russia will clarify the rules for using photos taken from social networks, as well as the procedure for protecting against fraud in transactions. The details will be spelled out in the decision of the plenum of the Supreme Court of Russia on some issues of the application of the first part of the Civil Code, which was discussed today.

Whose photo can not be downloaded

In our information age, it really is time to clarify whether the photos on the web are in the public domain or whether a person remains the master of his own image. A separate chapter of the forthcoming resolution of the plenum of the Supreme Court of Russia just concerns the protection of intangible benefits.

Recall that in the autumn of 2013 the first block of major amendments to Civil Code. One of the most resonant provisions of that law dealt with the protection of intangible goods, including the use of photographs.

Some media representatives then feared that the law would make it impossible for the press to work, saying that it would be impossible to photograph people of interest or collect information about high-ranking people. It seems to have worked out.

However, the dots over the "i" in this matter have not yet been put. The Supreme Court will explain how to understand the new norms. The draft states that accommodation by a citizen in public access on the Internet of his image does not give the right to other persons to freely use such an image without the consent of the person depicted. That is, you can’t just take a photo from a person’s page and publish it somewhere at home. Liked the picture, ask permission from its owner.

However, the media remain in their own interests. The draft clarifies that consent to the use of the image is not required if the citizen is a public figure - holds a state or municipal position, plays a significant role in public life in the field of politics, economics, art, sports or other field. So media people stay media people. But still there is an important caveat: the rule "take without asking" is valid if "the publication and use of the image is carried out in connection with a political or public discussion or the interest in this person is socially significant."

At the same time, the project adds, consent is necessary if "the sole purpose of the publication and use of the image of a person is to satisfy the philistine interest in his privacy or making a profit. " If a person wants to light up, he will give the go-ahead. On "no", and there is no photo.

This item is designed to protect the stars from the paparazzi. It will be impossible to support "sensations" about illegitimate children, adultery and any "dirty linen" of a star with photographs taken from around the corner or even taken from the person's official page. First you have to get approval from the star.

However, the concept of "publicly significant interest" probably requires additional interpretation. Law enforcers need clarity and certainty. In the meantime, the definition sounds broad enough. Let's say that the information that a certain VIP person made a scandal in a restaurant is socially significant or is it still an unhealthy interest in private life?

As stated in the draft, "the consent to the publication and use of the image of a citizen is not required, if it is 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 an offense)" . Theoretically, a scandal in a restaurant falls under this wording, yet it is difficult to scandalize in such a way as not to violate anything from the Code of Administrative Offenses. But if a person swore carefully, then questions to the press may arise.

If the photograph was taken in a public place, including in open court sessions or at events (meetings, congresses, conferences, concerts, sports competitions), the consent of the person depicted in such a photograph is not required, unless such an image is main object of use.

In particular, as the Supreme Court of the Russian Federation explains in the draft document, 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 event and at the same time attention should not be drawn specifically to the image of this citizen . It turns out that if the newspaper publishes a picture of the prosecutor who sneezed during the trial, it will be wrong. After all, the picture will be very personal, and not about the event.

When the deal is immoral

Another chapter of the draft resolution explains in detail when a transaction can be declared invalid. According to the law, as recalled by the Supreme Court, a transaction that violates the requirements of a law or other legal act and at the same time infringes on public interests or the rights and legally protected interests of third parties is void.

In simple terms, such a transaction is considered insignificant, which could not be concluded at all.

For example, "an agreement, the terms of which contradict the essence of the legislative regulation of the relevant type of obligation, may be qualified as null and void in whole or in the relevant part, even if the law does not contain a direct indication of its nullity." As an illustration, the Supreme Court gives an example when some property is transferred to someone in trust, and in this case the contract provides that after a certain period of time the property becomes the property of the trustee.

Indeed, in a good way, the task of such a manager is to save, and not to appropriate. And here, it turns out that he does not even hide his intentions. Such a person must be persecuted, and the contract with him must be broken.

The resolution also prescribes to recognize as null and void such transactions concluded with the consumer, in which the prohibitions established in the laws "On Protection of Consumer Rights" and "On Banks and Banking Activity" are directly violated.

Explains the ruling and what is considered immoral transactions. According to the law, a transaction made with a purpose that is obviously contrary to the foundations of law and order or morality is void. These may include "transactions aimed at the production, distribution of literature and other products that promote war, national, racial or religious hatred; transactions aimed at the production or sale of forged documents and valuable papers; transactions that violate the foundations of the relationship between parents and children."

At the same time, the violation of a law or other legal act by a party to a transaction, in particular, tax evasion, does not in itself mean that the transaction was made for a purpose that is obviously contrary to the foundations of law and order or morality. Therefore, say, if the seller of an apartment has not paid the tax, this does not mean that the transaction must be recognized as illegal and immoral and canceled.

To apply the article on immorality, it is necessary to prove that its goals knowingly contradicted the foundations of law and order or morality, and at the same time at least one of the parties to the transaction acted intentionally.

What is considered cheating

It is also possible to invalidate a transaction made under the influence of fraud. Fraud, as explained by the Supreme Court, is considered not only the communication of information that does not correspond to reality, but also the deliberate omission of circumstances that a person should have reported in the good faith that was required of him under the terms of the turnover.

Probably, the utmost honesty from the sellers will never wait. However, within reasonable limits, they must be frank. A violation will be considered not only a direct lie, but even silence about important things. It is important that in order to cancel a transaction due to deceit, violence or threats (all these are grounds for recognizing the contract as invalid), it is not at all necessary to have a criminal case. The circumstances of the use of violence, threat or deceit can be confirmed by general rules about proving, it is said in the project. This means that a person can bring witnesses, show videos, bring expert opinions, and the court will figure it out.

However, the transaction can be canceled only if the deception influenced the decision of the person. That is, he was deceived in matters of principle for him. For example, he wanted to live in silence, and the sellers, knowing this, passed off a noisy area as a quiet place.

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website admits that a photo fake is not always easy to recognize, especially since the photograph is quite real, but the story behind it is fictitious. Here are 12 recently popular pictures, in the veracity of which we so blindly believed in vain.

1. This is what happened to the rainforest in 10 years

This photo collage became a hit thanks to the popular #10YearChallenge. On Reddit, the picture is accompanied by a text that says that “every year 46-58 thousand square meters. miles of forest are disappearing as a result of deforestation." The photo really looks impressive and truthful, given the presence of the logo of the World Wildlife Fund. But in fact, this is not a collage of two photos taken 10 years apart, but one photo from a stock photo. It depicts the destruction of the tropical jungle in Malaysia for the expansion of oil palm plantations.

2. The guy masterfully mixes rice

Do you also think that the photographer managed to capture a good moment when the guy masterfully stirred rice in a wok? In fact, the rice is not real. And in general, everything is not real. This is such a sculpture, and you can buy it in Tokyo in a store that sells fake food and dishes.

3. Graffiti that can only be seen in the water

Therefore, in the first photo, the reflection in the water is processed in Photoshop.

4. Deer and lynx cubs were found under the office desk after sheltering from fires in California.

“In an office building, people found deer and lynx cubs hiding under a table to escape the wildfires in California,” with this caption, this photo recently became a hit on Reddit, Pikabu, in twitter and others social networks. The photo is real, but here it is published every time wildfires happen somewhere in the USA. Moreover, the signature is always different. The picture itself was taken back in May 2009 at a facility owned by a non-profit animal rescue team. During a fire in Santa Barbara (California), these cubs were found near the ranch of Arnold Schwarzenegger. And since the rescuers' enclosures were destroyed by fire, the deer and the lynx had to be placed in the office. At the same time, the young lynx himself ran up to the deer and lay down near him in a ball.

By the way, one of the rescuers later took the animals to his home, as he feared that they would not survive in the wild. Subsequently, he even shared a video with a grown-up lynx - he turned out to be very affectionate.

5. New Year in Paris

6. The dog sleeps on his owner's grave every night for 7 years.

For the past 6 years, a dog named Capitan has slept in the grave of his owner every night. His owner, Miguel Guzman died in 2006 and Capitan dissapeared shortly after the family attended the funeral services. They searched everywhere and put out flyers to try and find him.