What is the punishment for posting someone else's photo on VKontakte. You cannot publish other people's photos from social networks without permission.

Artist: Pieter Bruegel the Younger / “The Country Lawyer”, 1620-1640. Source: http://commons.wikimedia.org/wiki/

Article 1274 of the Civil Code of the Russian Federation allows the use of other people’s photos and videos if:

reproduction or communication to the public in reviews of current events by means of photography, cinematography... works that become seen or heard during such events, to the extent justified by the informational purpose

That is, if you use a photo for informational (illustrating a news item), scientific, educational or cultural purpose. In this case, you do not have to ask the author’s permission, but you must indicate the name of the author, the title of the work used and provide a link to the source of borrowing.

Another important point described in Article 1277 “Free use of a work permanently located in a place open to the public”:

It is permitted, without the consent of the author or other copyright holder and without payment of remuneration, to reproduce... a photographic work that is permanently located in a place open to the public, except in cases where the image of the work in this way is the main object of this reproduction... or when the image of the work is used for commercial purposes .

Thus, if you have an informational publication, for example, an article on political topic or humorous story, and in the article itself you do not advertise a company, product or service, then you can use someone else’s photo indicating the author and source of borrowing.

Artist: Edward Lamson Henry 1841-1919. Picture: “Lawyer of the Country.” Source: http://www.artscroll.ru

For everyone who works with the media, I recommend reading the article “The Eighth Commandment of a Journalist: Plagiarism and Author’s Rights”:
http://mediasummit.primorsky.ru/materials/1402471934

If you have a company community or the publication is of an advertising nature, you are required to request permission from the author to consent to the publication. Even if the photo is posted in open group and everyone can take it from there. As practice shows, in Russia this rule always works (in Ukraine too - note by Andrey Zyuzikov). Here is the story of a photographer from Svetlogorsk who sued the group administrator for posting his photos without permission:
http://www.copyright.ru/news/main/2014/11/27/fotografiya_VKontakte/

Interestingly, the court sided with the community administrator, appealing to the fact that “each of the VKontakte users, when registering on the resource, joins the user agreement, according to which any type of content posted on user pages can be used in any form by others by users with the only limitation – without obtaining commercial benefits.... By posting the controversial photographs on the VKontakte network, the plaintiff automatically made them publicly available and transferred the rights to use them to all network participants.”

Controversial precedent. Unfortunately, the article does not indicate how the case ultimately ended. Lawyers draw attention to the fact that the author’s posting of a photo or video on an Internet site does not mean that these works now belong to this site. And although Part 4 of the Civil Code of the Russian Federation does not separately identify the Internet as a place where copyright must be protected, the network is considered as a possibility of technical access for the distribution of copyrighted works.

Painting: “Portrait of three lawyers and notaries.” Artist: Tintoretto, Domenico Robusti, 1623. Source: http://www.bridgemanart.com

Interesting situation with shared access. It is believed that if a photographer posted a photo to a group, he thus provided his work to common use. This is wrong. The photo still belongs to the author and you need to ask for his consent.

How to legally use visual content when working on social networks?

1. Use stock photos. Here you can buy or take free images on various topics. Many people prefer Photl or Photobucket. The advantage of this approach is that you spend almost no money on purchasing photo content. The downside is that you are not the only one who uses stock photos, so the photos are not unique and can easily be found in other communities. Don't forget that the photos are usually standard with models with Western appearance and clothes. Which, you see, is also not always suitable.
2. Contact photographers directly. You can write a personal message to a user on Facebook or send an E-mail, the main thing is that you have written permission from the author. Be sure to discuss in advance how to change photos, for example, if you want to use a brand template with a company logo in the community. Also check the question about the watermark on the photo, because photographers often put them on their photos. Usually the photographer asks to sign the photo and provide a link to his personal website.
3. Buy a photo. It is better to discuss the costs of purchasing a photo or hiring a photographer in advance with the client. A significant advantage of this approach is that you will get truly unique content.
4. Use client photos. This approach is practiced by large companies, which usually have an accumulated database of photographs. Here it is worth discussing the issue of protecting photos from copying, so that materials are not copied from you without permission.

Lawyer's word:

It is important when purchasing photographs to take care of the correct execution of documents so that you can prove at any time that the use is carried out on legally. In this case, it is necessary to draw up either a license agreement or an agreement for the alienation of exclusive rights. Remember the fact of compensation for the transfer of exclusive property rights; simply buying is not enough.

Artist: William Powell Frith (1819-1909). Painting: “Family Lawyer”, 1857.

The “All Cases” forum discusses issues of enforcement of civil and criminal legislation.

A meeting of the Plenum took place on 06/09/2015 Supreme Court Russian Federation, which discussed some issues of application general provisions part one of the Civil Code of the Russian Federation, in particular, the problem of using personal photographs posted by users was considered social networks on personal pages.

The publication of an image of a citizen, including its posting by the citizen himself on the Internet, and the public availability of such an image does not give other persons the right to freely use such an image without obtaining consent.

Consent is required if sole purpose of publication and the use of an image of a person is to satisfy the philistine interest in his private life or to make a profit.

You need to understand that the mechanism for distributing publications on the Internet is carried out through intangible media and image reproduction technology must be taken into account. To publish, for example, a photo from Vkontakte on some sites, it is enough to copy the link to this image, and the image will be stored on the vk.com server, and not on the publication page.

Consent to the publication and use of a citizen’s image is a transaction that can be made in writing or orally.

In this regard, consent may contain a number of conditions defining the procedure and limits of disclosure and use his images.

This moment greatly simplifies the mechanism for obtaining consent: I sent a message with a request and received “I agree” in response. The deal is done.

If consent was given orally or by implication, such consent covers the use of the image to the extent and for the purposes that are clear from the setting in which it was made.

Let me draw your attention to “committing implied actions.” I interpret it this way: the user posted his private photos on the page and at the same time chose “privacy conditions”, such as “public viewing” (with the available “only me” or “only friends”, etc.) therefore providing the technical opportunity (read - expressed consent) for unlimited access to your images other persons.

Through a search query in Google Images, I may not even guess on which page the Internet user posted his photo, however, if a search robot can read this information and then reproduce it in an array of other images, then it should be understood that the user has given consent search engine to publish your image? Rationale: visually, a search selection in Google Image from different portrait images represents a page with a specific address corresponding to the search query. Why not publish on the Internet?

A citizen’s consent to the use of his image may be revoked at any time, but the owner of the right to use the image may demand compensation for damages caused by the revocation.

The judges looked at each other and explained “entrance is a ruble, exit is two.” If the user once agreed to the use of his photo, do not be surprised if he meets him not where he would like.

After the death of a citizen and in the absence of a surviving spouse, children or parents, no consent is required for the publication and use of the image of this citizen.

EXCEPTIONS

The consent of the person depicted is not required if the citizen is a public figure (occupies a state or municipal position, plays a significant role in public life in the field of 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 the interest in the person is of public importance. T

Consent is not required for the publication of images of missing persons, wanted criminals, eyewitnesses, witnesses to an incident, that is, if the publication occurs to protect law and order and security.

Consent is not required when publishing an image obtained during filming, which is carried out in places open to the public, including open court hearings, or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events) . Provided that the image of the person in the picture not the main object of use .

Consent is not required if, in general, the photograph reflects information about a public event. At the same time, attention should not be drawn specifically to the image of this citizen. Collective photographs, where citizens have clearly expressed their consent to being photographed, can be published by any of those depicted in the photograph without obtaining additional consent from other persons depicted in the photograph, provided that such image does not contain information about the private lives of these persons.

CONCLUSION

Regarding the provision of the Civil Code, which was included in the agenda of the plenum.

Article 152.1. Protection of a citizen's image

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and surviving spouse, and in their absence, with the consent of the parents. Such consent is not required in cases where:

1) the use of the image is carried out in state, public or other public interests;
2) the image of a citizen was obtained during filming, which is carried out in places open to the public or at public events (meetings, conventions, conferences, concerts, performances, sporting competitions and similar events), except for cases where such an image is the main object use;
3) the citizen posed for a fee.

2. Manufactured for the purpose of introducing into civil circulation, as well as those in circulation, copies of material media containing the image of a citizen, obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. .

3. If an image of a citizen, obtained or used in violation of paragraph 1 of this article, is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

You cannot publish photos on social networks without permission. It is prohibited to use your VKontakte photos without permission. Is it possible to publish other people's photos from a page on a social network. You cannot publish other people's photos from social networks without permission.

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, privacy, personal and family secrets, the right to free movement, choice of place of stay and residence, the right to a name, the right authorship, other personal non-property rights and other intangible benefits belonging to a citizen from birth or by force 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 access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided federal law.

Question #23711 Is there a punishment for distributing other people's photos?

1. Disclosure and further use of a citizen’s image (including his photograph, as well as video recordings or works of fine art in which he is depicted) are permitted only with the consent of this citizen. After the death of a citizen, his image can only be used with the consent of the children and 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 someone else's intimate photos?

Now imagine the next day your photos with someone appear in your entrance, it’s easy to make a photo montage, and to whom you will prove that this is not so, maybe after all the issue can be resolved more radically not with your husband’s friend but with your husband, without washing dirty linen in public .

Prosecution for posting photos on the Internet

It's much scarier when a person you know real life, having had a grudge against you, decides to take revenge, using all the techniques and methods at his disposal. They are especially distinguished by this ex-lovers and spouses. In such cases, the matter may not be limited to offensive words, and even photographs of an intimate nature that were taken during the period of a cloudless relationship may be used for posting on the Internet.

Responsibility for posting photographs of minors

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

Article for distributing personal photos

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

Immunity Law

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

Is it possible to post someone else's photo on the Internet without permission?

The person depicted in the photograph has the right to demand that the photograph be removed, at a minimum. He can also file a claim and demand compensation for moral damage. If the offender does not voluntarily satisfy the demand for compensation for moral damages for illegally posting a photograph on the Internet, then the injured party can safely file a claim in court. According to the law, a citizen’s image cannot be used without his consent.

Article 137

Dissemination of information about personal or family secret can also take place through a publicly displayed work. The latter must be understood as the expression in artistic form of the thoughts and ideas of the author. Depending on the type of art, a work can be objectively expressed in musical, song, visual and other forms. However, the crime will only occur when the work is publicly displayed. Public demonstration of a work should mean its display, broadcast, or any other reproduction to an indefinite number of people. Thus, publishing photographs and other images of private individuals without their consent should certainly be criminally punishable.

First, I recommend reading Section VII of the Civil Code of the Russian Federation (“Right to the results of intellectual activity”), namely Chapter 70 (“Copyright”) of the Civil Code of the Russian Federation. It clearly defines what is the object of rights, what a violation is, and so on.

Article 1274 of the Civil Code of the Russian Federation allows the use of other people’s photos and videos without the permission of the author in the following situations: “Reproduction or communication for public information in reviews of current events by means of photography, cinematography... works that become seen or heard during such events, to the extent justified by information purpose."

That is, if you use a photo for informational (illustrating a news article), scientific, educational or cultural purposes, you do not have to ask the author’s permission, but must indicate his name, the title of the work used and provide a link to the source of borrowing.

Media platforms on social networks

Another important point is described in Article 1277 “Free use of a work permanently located in a place open to the public”: “It is permitted, without the consent of the author or other copyright holder and without payment of remuneration, to reproduce... a photographic work that is permanently located in a place open to the public.” visit, unless the depiction of the work in this manner is the main object of that reproduction... or when the depiction of the work is used for commercial purposes.”

Good afternoon
And so, there is a Federal Law “On the Protection of Personal Data”.
In accordance with Article 7 of the Law, Operators and other persons who have access to personal data are obliged not to disclose to third parties or distribute personal data without the consent of the subject of personal data, unless otherwise provided by federal law.
Thus, according to Article 9 of the Law, the subject of personal data decides to provide his personal data and consents to their processing freely, of his own free will and in his own interest. Consent to the processing of personal data must be specific, informed and conscious. Consent to the processing of personal data can be given by the subject of personal data or his representative in any form that allows confirmation of the fact of its receipt, unless otherwise provided by federal law. If consent to the processing of personal data is received from a representative of the subject of personal data, the powers of this representative to give consent on behalf of the subject of personal data are verified by the operator.
It is clear that you did not give any consent.
According to Article 21 of the Law, in case of detection of unlawful processing of personal data upon application of the subject of personal data or his representative or at the request of the subject of personal data or his representative or the authorized body for the protection of the rights of personal data subjects, the operator is obliged to block unlawfully processed personal data related to this the subject of personal data, or ensure their blocking (if the processing of personal data is carried out by another person acting on behalf of the operator) from the moment of such application or receipt of the specified request for the period of verification. If inaccurate personal data is identified when contacting the subject of personal data or his representative or at their request or at the request of the authorized body for the protection of the rights of subjects of personal data, the operator is obliged to block personal data relating to this subject of personal data or ensure their blocking (if processing personal data is carried out by another person acting on behalf of the operator) from the moment of such application or receipt of the specified request for the period of verification, if blocking of personal data does not violate the rights and legitimate interests of the subject of personal data or third parties.

Accordingly, I recommend contacting that resource, if you know it, so that the information on it regarding you is deleted.
The second step that needs to be taken is to contact the police with a statement to initiate a criminal case against the husband under Art. 128.1 of the Criminal Code of the Russian Federation - Slander, that is, the dissemination of knowingly false information discrediting the honor and dignity of another person or undermining his reputation, is punishable by a fine of up to five hundred thousand rubles or in the amount wages or other income of the convicted person for a period of up to six months or by compulsory work for a period of up to one hundred and sixty hours.
The third step that you need to take is to file a claim in court for the protection of honor and dignity and, accordingly, for compensation for moral damage, due to the fact that you suffered serious moral suffering due to the actions that your husband committed.
So in civil code Article 152 says on this matter
So, according to this article:
1. A citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. The refutation must be made in the same way in which information about the citizen was disseminated, or in another similar way. At the request of interested parties, it is possible to protect the honor, dignity and business reputation of a citizen even after his death. 2. Information discrediting the honor, dignity or business reputation of a citizen and disseminated in the media must be refuted in the same media. A citizen in respect of whom the specified information has been disseminated in the media has the right to demand, along with a refutation, that his response also be published in the same media. 3. If information discrediting the honor, dignity or business reputation of a citizen is contained in a document emanating from an organization, such a document is subject to replacement or revocation. 4. In cases where information discrediting the honor, dignity or business reputation of a citizen has become widely known and, in connection with this, a refutation cannot be brought to public knowledge, the citizen has the right to demand the removal of the relevant information, as well as the suppression or prohibition of further dissemination of this information by seizure and destruction, without any compensation, of copies of material media containing the specified information made for the purpose of introducing into civil circulation, if without destroying such copies of material media, deleting the relevant information is impossible. 5. If information discrediting the honor, dignity or business reputation of a citizen turns out to be available on the Internet after its distribution, the citizen has the right to demand the removal of the relevant information, as well as a refutation of this information in a way that ensures that the refutation is communicated to Internet users. 6. The procedure for refuting information discrediting the honor, dignity or business reputation of a citizen in cases other than those specified in paragraphs 2 - 5 of this article is established by the court. 7. Application of penalties to the violator for failure to comply with a court decision does not relieve him of the obligation to perform the action prescribed by the court decision. 8. If it is impossible to identify the person who disseminated information discrediting the honor, dignity or business reputation of a citizen, the citizen in respect of whom such information was disseminated has the right to apply to the court to declare the disseminated information untrue. 9. A citizen in respect of whom information discrediting his honor, dignity or business reputation has been disseminated, along with a refutation of such information or publication of his response, has the right to demand compensation for losses and compensation for moral damage caused by the dissemination of such information. 10. The rules of paragraphs 1 - 9 of this article, with the exception of the provisions on compensation for moral damage, can also be applied by the court to cases of dissemination of any untrue information about a citizen, if such a citizen proves that the specified information does not correspond to reality. The limitation period for claims made in connection with the dissemination of the specified information in the media is one year from the date of publication of such information in the relevant media. 11. The rules of this article on the protection of a citizen’s business reputation, with the exception of provisions on compensation for moral damage, respectively apply to the protection of the business reputation of a legal entity.
And remember that these steps will help you be with your son in the future and restore your reputation.