Home / Situations
Back
Published: 01/15/2020
Reading time: 6 min
6
1611
Over the years of legal practice, I have become convinced that posting other people’s photographs on the Internet, especially of an intimate nature, can bring a lot of trouble - of course, you won’t be sent to prison (although the Criminal Code allows such punishment), but you will have to pay a substantial fine.
- What the law says about publishing other people's photos
- When can you post someone else's photo without consent?
- What punishment does the violator face?
- How to avoid a criminal case
- Permission to publish
Photos are published with the consent of the person
Each person decides for himself whether he wants everyone's attention or not. Therefore, photographs, videos and drawings depicting a person are published only with his consent. This is what it says in Art. 152.1 of the Civil Code of the Russian Federation.
To publish means to post it on a social network, on a personal website, or print it in a magazine or advertising brochure. The main thing is that other people will see the person’s photo. The copyright of a photographer or master to publish works anywhere and earn money in this case is limited - clause 34 of the Resolution of the Plenum of the Supreme Council No. 10.
A photo without a face is no exception. Consent is required even if the face is blurred in the photo, or only dyed hair, a thinner belly, braces or manicured hands are in the frame. It is not difficult to recognize a person by his body part.
Article: photographers copyright
It is especially important to obtain consent if people’s photos are constantly posted. This makes it more likely that a claim will be filed. It is better to put the collection of consent on stream as part of the ritual of working with clients.
In real life you will need consent for a photo:
