"Classmates" violate copyright?

Today, I finally saw the well-known social network odnoklassniki.ru “from the inside”. Through the eyes of the user, so to speak. Before that, I saw only 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 the photos uploaded by users.

At the bottom right is the logo and the inscription "classmates.ru". They are automatically embedded in each uploaded photo (example under the cut).
Odnoklassniki seems to be breaking the law.

Example photo:



Read their "Terms of Use" .
I will single out only the points that are important to 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 apply to the relations of the parties.
• 3.2. The Site Owner is an information intermediary and provides services for the transfer, storage and provision of access via the Internet to the information provided by 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 forbidden to post 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 a person placing these images;
• 6.1. The User has the right to post information about himself, his photos on the Site, 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 this Regulation.
• 6.3. The User has the right to moderate the photos posted on the Site by other Users. To implement this feature, you must subscribe to moderation by changing the appropriate settings for your User’s Personal Page.
• 7.4. The administration has the right, but is not obligated to moderate messages, photographs and other materials posted by users on the Site.

By the way, a clause notifying the user that he agrees with the regulations and agrees to provide his data, images, etc. for public use, I did not find.
So, we can upload our images, and the administration can only moderate them. About making changes to the image of speech is not. This means that users are actually deceived and the administration’s actions are unlawful.

We go further ...

I think you remember the scandal surrounding odnoklassniki.km.ru? Not? Then be sure to read .
Also, I found a court order .
Therefore, "classmates" and "odnoklassniki" are a trademark of the same name LLC. Hmm ... Km.ru promised to appeal, while nothing is known about this. So-so-so, that means classmates insert their trademark into users' images. What does the legislation of the Russian Federation say?

Civil Code of the Russian Federation of 12.12.2006 N230-ФЗ - Part 4 . Read the original .

• Article 1255. Copyright
  1. Intellectual rights to works of science, literature and art are copyrights.
  2. The author of the work has the following rights:
  
  • exclusive right to a work;
  • copyright law;
  • author's right to a name;
  • the right to inviolability of the work;
  • the right to publish the work.
• Article 1257. The author of a work
  The citizen whose creative work it is created is recognized as the author of a work of science, literature or art. A person indicated as the author on the original or a copy of the work shall be considered its author, unless otherwise proved.
• Article 1259. Objects of copyright
  1. 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, script works;
  • 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 decorative, applied and scenographic art;
  • works of architecture, urban planning and landscape art, including in the form of projects, drawings, images and layouts;
  • 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 applies to both published and non-published works expressed in any objective form, including in written, oral form (in the form of public utterance, public performance and other similar form), in the form of an image, in in the form of sound or video recordings, in spatial-spatial form.
  4. For the creation, exercise and protection of copyright, registration of a work or compliance with any other formalities is not required.
• Article 1266. The right to inviolability of a work and protection of a work against distortion
  1. It is not allowed without the author’s consent to introduce changes , abbreviations and additions to his work , to supply the work with illustrations , introduction, afterword, commentary or any explanation (right inviolability of the work).

Violation of Article 1266, paragraph 1.

Well, I still said something about the trademark, right?

Law of the Russian Federation of September 23, 1992 No. 3520-I
“On Trademarks, Service Marks
and Appellations of Origin” (as amended by the Federal Law of December 11, 2002 No. 166-FZ “On Amendments and Additions in the Law of the Russian Federation “On Trademarks, Service Marks and Appellations of Origin of Goods”) . Read the original .

Article 22. Use of a trademark and 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 copyright holder or a person to whom such right is granted on the basis of a license
agreement in accordance with Article 26 of this Law.

The use may also be recognized as the use of a trademark in advertising , print media, on official
forms, on signs, when exhibiting at exhibitions and fairs held in the Russian Federation, if
there are good reasons for not using the trademark on goods and (or) their packaging.

Just point about advertising fits best ... But to violate the copyright and use it for advertising purposes - sin ^squared ))

Why is this all?

Perhaps this will interest someone in more detail and he will start digging deeper ... I only advocate for copyright, I am against violation of such a scale.

PS I will be glad to any comments and comments.
PSS This is my first public topic on the hub, if something is wrong - scold)

upd : thanks Derok_McGrow and Avg00r for the corrections