Image copyright
Free consultation

Image copyright in Russia

Regardless of its artistic value and aesthetic qualities, any unique photograph is considered an object of copyright. The legislation of the Russian Federation does not provide an opportunity to register the photographer's rights to the image, but there are many options for protection against possible infringement. In this article we will tell you how to register the authorship of a photographic image, and what options for the use, disposition and protection of rights are provided for the photographer.

How to prove authorship

Each picture taken by a photographer is unique, even if the picture was taken in a popular location and captures a standard set of subjects. The author of a photograph may use it at his own discretion, including the transfer of rights on a royalty-free or non-gratuitous basis. To do this, he needs to confirm the copyright to the photographic image.

The legislation of the Russian Federation provides the following options for confirming rights:

In addition, it is possible to recognize or challenge the rights in court. If another person has misappropriated authorship, any written and physical evidence can be used to confirm rights through the court - copies of publications with the published photo and the name of the author, a negative (if the photo was taken using film), information about depositions, etc. After receiving the judicial act, the photographer can officially publish it through the media, on the Internet - this way of confirming and protecting the rights allows you to specify the proper author.

Protection is also allowed if the photograph has not been published or made public by the author. In this case, if a dispute arises over the rights to the photo, you will have to prove authorship. Proof of copyright priority can be provided by documents, tangible media and cameras which stored the original image in their digital memory. In the most complicated cases, the expertise of copyright on photos can be conducted, for example, the properties of an electronic file can be used to determine the time and sometimes the place of the photo shoot.

Photographs are often the subject of a copyright contract. In this case, as soon as the photos are received and/or processed, they become the property of the customer. The photographer will be able to receive the remuneration stipulated in the agreement and will also retain the right to be considered the author of the image.

image

Photograph rights

From the moment the picture is created, the photographer has a set of copyrights, which includes:

The photographer can make the photo publicly available so that it can be used without further authorization, or by indicating authorship with each publication.

If the photo is sold, authorship will be retained, but the purchaser can dispose of and use the image as he or she sees fit. This means that further resale of the image is possible, including with an increase in the original value. The amount of remuneration for the assignment of rights is determined by the parties themselves, or by asking for help from professional specialists (experts, appraisers, etc.).

The license to use the photograph allows you to use it strictly within the framework of agreements with the right holder. For this purpose, the parties may stipulate the following conditions:

The execution of a license agreement also does not invalidate the authorship of the photograph.

Infringement of exclusive rights to a photograph

The exclusive copyright of a photograph is valid during the photographer's lifetime, and is retained for another 70 years after his death. Only after this period has elapsed can the photograph be used without further permission from the author's heirs and assigns. During the period of copyright, any legal options to protect against infringement by third parties can be used.

Infringement by unlawful use of someone else's photo may include the following:

Noncommercial use of a photograph for personal use is not considered an infringement of rights if it was obtained legally (for example, purchased directly from the photographer).

Protection of exclusive rights to a photographic image complies with the general rules of the Civil Code of the Russian Federation. The photographer has the right to demand the elimination of any infringements - removal of photos from Internet resources, withdrawal of copies of photo collections from sale, etc. It is possible to compensate through the court for damages caused by the unauthorized use of someone else's photo, or to recover compensation. In any way of protecting rights, the photographer needs to prove his authorship of the image.

 
folder_open
Certified attorneys
Qualification verified and confirmed by Rospatent attestation. Eurasian and Russian Patent Attorney Certificates
landscape
Not a single
rejection
by the Patent Office for inventions, utility models or industrial designs.
person
Legal
protection
Not only registration, but also legal protection of your legitimate interests by our lawyers.
flash_on
The price is 15%
lower
than usual due to the rapid processing and the number of applications filed, as well as the experience and qualifications of patent attorneys.

Our reviews

Transneft Oil Pipeline Company
We have high internal standards of work and requirements for contractors. We were pleasantly surprised by the quality of work of this organization. They are very scrupulous in their work.
Sunny Circle grocery supermarket chain
Already at the stage of the free trademark blitz they showed themselves to be worthy, everything is clear and competent. It's a pleasure to work with professionals. We were satisfied with the result.
Producer of dairy products "White Bear"
"The specialists at Prof-Patent are highly competent and professional. They are able to solve even the most complicated problem."
Producers of soft drinks and mineral water "Akvadar"
We have been working with Prof-Patent for more than 10 years. Our cooperation totals dozens of projects. "Prof-Patent provides competent legal support at the highest level.
"Pinta" chain of sports bars
"We applied to Prof-Patent for trademark registration in Rospatent. Prof-patent" specialists treated our question extremely carefully and with great dedication. We hope for further fruitful cooperation".
Head of Marketing N.V. Safronova
"The employees of Prof-Patent consider each issue thoroughly and in the shortest possible time. We advise all companies to apply to Prof-Patent for protection of their intellectual rights".
"Asorty"
The quality of the guys' work is top-notch. Registration of the TOR went without any problems. They prepared everything quickly and professionally. The work is done on excellent.
Flash
We turned to patent attorneys for brand registration. The firm's team was great, they explained the important nuances and helped us avoid a few pitfalls. We were positively impressed after the cooperation. We were attracted by the guarantee of the result under the contract for a refund, they are responsible for their work with their heads.
Construction Concern "VANT"
Prof-Patent specialists prepared all the necessary documents very quickly, and the whole process of registering the TOR went off without a hitch. We have only positive emotions from cooperation with Prof-Patent.
Kvas "Starominskiy"
Trademark registration took place in a very short time, and possible errors would have caused significant problems. But the company "Prof-Patent" completed its work just flawlessly!
All-Russian Film Festival «Bridge_of_Arts»
Horizon radar factory
By the nature of our business we often deal with patenting. "Prof-Patent" is a pleasant example in our practice, when the company solved all our issues on patent registration in the shortest possible time without any problems. We have known the company for decades and have registered several patents through it.
Elis clothing and shoe stores
The firm's staff did an excellent job on the trademark registration project. They are able to offer a non-standard solution to the problem. It was convenient that during the cooperation we communicated directly with the patent specialist, not through the manager. I liked working with them. I recommend them.
Pharmacy Chain "South pharmacy"
I haven't lost sight of these guys for a long time. It's hard to find an organization that does its job without complaints! They easily resolved the issues with Rospatent regarding the trademark intersection of the word "South" with other companies. Current questions are answered on the day of application.
DON-PLAZA
A very serious and responsible approach to business. "Prof-patent" saved our nerves and time. I express my sincere gratitude to all the employees of the company for their true professionalism. These guys are perfectionists in a good way!
SOHO
Based on previous experience with other companies, I was convinced that the deadline for registration of trademarks is delayed, but I was pleasantly surprised when these guys did everything in time, as stated. I would gladly recommend them to my partners.
More reviews
Certificates and certificates
Contact Us

By clicking the "Submit" button, you agree to processing of personal data and agree to the terms of the privacy policy

Russia → Central Federal District → Moscow Region → Moscow
14 Shukhova St., Moscow
close
Contact Us

By clicking the "Submit" button, you agree to processing of personal data and agree to the terms of the privacy policy