The Supreme Court of the Russian Federation clarified the procedure for using photographs on the Internet

    The right to use photographs posted on the Web by people who have nothing to do with this photograph are not its authors - a complex problem. To solve this problem, the Supreme Court of the Russian Federation even adopted a special ruling on the application of a number of provisions of Section I of the provisions of the first part of the Civil Code of the Russian Federation , writes Pravo. In other words, the Supreme Court of the Russian Federation clarified the procedure for using strangers and joint photographs that were posted on the Web. At the same time, everyone who is depicted in the picture has the right to a joint photo. And posting photos on repost sites is recognized as an expression of consent to the continued use of these images.

    The deputy chairman of the Council of the Private Law Research Center, Lidia Mikheeva, said that at present, analysts, experts and journalists are trying to convey to the "ordinary citizen" the main provisions of the resolution.

    For example, in paragraph 43 of the resolution, “promulgation” proposed to consider “the implementation of an action that for the first time makes this image publicly available, by publishing it, public display or by any other means, including posting it on the Internet”.

    The court ruling clarifies that if a citizen independently published a photo on the Web, then without obtaining the consent of the person depicted in the photograph, the photograph should not be used. There are exceptions to this rule - if a citizen is a public figure, or publication is necessary for the purposes of law and order and state security, then you can publish such a picture without the permission of the person who published the picture.

    If such a photograph is posted on a resource that suggests the possibility of republishing the photograph by other users (repost), in this case, posting the photograph is the consent of the person who posted the photograph to these conditions.

    In addition, the court allows the publication of images made in a public place or at an event. If the people who are shown in the picture together did not prohibit the publication of the picture, and also expressed their consent to take pictures, then all these people have the right to use the photo without the consent of the others. There is an exception to this rule too - if the image contains information about the privacy of these individuals. “That is, if you had a student party, and you agreed to take a picture, do not be surprised that the image will go for a walk on the network. If the family was depicted in the photo and divorced after the spouse, it would be wrong to publish such an image, ”said Mikheeva.

    Consent to the publication of the image is in the form of a transaction, orally or in writing.

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