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25/04/2024
Thursday
THIS DAY IN HISTORY:
25 April 
1970 Bulgaria and Romania joined the European Union
1970 Bulgaria and Romania joined the European Union
1970 The judicial liability for absenteeism, introduced in 1940, was canceled in the USSR
1970 The judicial liability for absenteeism, introduced in 1940, was canceled in the USSR
1970 The meeting on the Elbe of Soviet and American troops
1970 The meeting on the Elbe of Soviet and American troops
25 April
1970 Bulgaria and Romania joined the European Union
1970 Bulgaria and Romania joined the European Union
1970 The judicial liability for absenteeism, introduced in 1940, was canceled in the USSR
1970 The judicial liability for absenteeism, introduced in 1940, was canceled in the USSR
1970 The meeting on the Elbe of Soviet and American troops
1970 The meeting on the Elbe of Soviet and American troops
The number of legal cases related to photography copyright is growing in Russia
The volume of cases related to the protection of copyright in photographs has increased markedly. This year, according to the experts, the number of claims in this category of cases will increase by 40%. At the same time, the situation is gradually changing with the results of consideration of such disputes. If in 2020 the judges satisfied the claims of only 20% of the plaintiffs, then this year, up to 50% of the plaintiffs can find support in the courts.
Experts from the RTM Group presented their forecasts on trends in the protection of intellectual property rights in photographs to Kommersant media outlet. According to analysts, in 2021, the courts can consider more than 400 cases related to the protection of copyright in photographs. Moreover, the total amount for the stated requirements can exceed 100 million rubles.
Last year, the courts considered 334 cases in which the plaintiffs claimed compensation in the amount of 93.8 million rubles. As a result, in court decisions, the total amount of compensation for this category of claims amounted to 19.1 million rubles. Moreover, 85% of violations of intellectual rights to photographs were associated with their use on the third-party websites on the Internet.
As the number of cases of successful recovery of compensation for copyright infringement on photographs by copyright holders began to grow, stakeholders have a strong motivation to track the facts of illegal use of photos by infringers. Moreover, popular social networks in 2020 accounted for about 12% of the total number of cases considered, and illegal display of photographs on television took only 3% in the legal practice of Russians.
Experts draw our attention to the fact that the media now have to track content quite often. Moreover, the situation concerns not only small media outlets, but also large media’s using third-party photographic materials. On the Internet, the process of recognition of the ‘stolen’ content is facilitated by numerous search services. In this case, not everyone can be held accountable. For example, the owners of anonymous Telegram channels often post photos without the consent of the author, but delete them as soon as there is a danger of being ‘caught’ for stealing content.
The judicial practice of proving the facts of violation of intellectual rights to photography has also changed in recent years. Previously, an acceptable evidence for the court was the protocol of a notary's inspection of a website on the Internet.
The average amount of compensation in Russian judicial practice remains not very significant, amounting to 64 thousand rubles, although in accordance with the Civil Code of the Russian Federation, the amount can reach up to 5 million rubles. However, there are exceptions here as well. For example, in the well-known dispute between the All-Russian State Television and Radio Broadcasting Company and a photographer from Samara, the author managed to recover 630 thousand rubles from the company. Moreover, at the level of appeal, an important decision was made that the author did not have to prove his rights by providing the originals of digital photographs in RAW format.
Experts from the RTM Group presented their forecasts on trends in the protection of intellectual property rights in photographs to Kommersant media outlet. According to analysts, in 2021, the courts can consider more than 400 cases related to the protection of copyright in photographs. Moreover, the total amount for the stated requirements can exceed 100 million rubles.
As a rule, the plaintiffs for the protection of photographer copyrights are both the photographers themselves and the owners of special photo stock websites, representatives of the media.
Experts attribute a significant number of violations to the easiness of stealing content from social media.Last year, the courts considered 334 cases in which the plaintiffs claimed compensation in the amount of 93.8 million rubles. As a result, in court decisions, the total amount of compensation for this category of claims amounted to 19.1 million rubles. Moreover, 85% of violations of intellectual rights to photographs were associated with their use on the third-party websites on the Internet.
As the number of cases of successful recovery of compensation for copyright infringement on photographs by copyright holders began to grow, stakeholders have a strong motivation to track the facts of illegal use of photos by infringers. Moreover, popular social networks in 2020 accounted for about 12% of the total number of cases considered, and illegal display of photographs on television took only 3% in the legal practice of Russians.
Experts draw our attention to the fact that the media now have to track content quite often. Moreover, the situation concerns not only small media outlets, but also large media’s using third-party photographic materials. On the Internet, the process of recognition of the ‘stolen’ content is facilitated by numerous search services. In this case, not everyone can be held accountable. For example, the owners of anonymous Telegram channels often post photos without the consent of the author, but delete them as soon as there is a danger of being ‘caught’ for stealing content.
The judicial practice of proving the facts of violation of intellectual rights to photography has also changed in recent years. Previously, an acceptable evidence for the court was the protocol of a notary's inspection of a website on the Internet.
However, the courts are now accepting screenshots, which indicate the URL and date of appeal, as evidence.
The possibility of video recording was added to the admissible evidence of copyright infringement (court verdict in case No. À40-79919 / 2020).The average amount of compensation in Russian judicial practice remains not very significant, amounting to 64 thousand rubles, although in accordance with the Civil Code of the Russian Federation, the amount can reach up to 5 million rubles. However, there are exceptions here as well. For example, in the well-known dispute between the All-Russian State Television and Radio Broadcasting Company and a photographer from Samara, the author managed to recover 630 thousand rubles from the company. Moreover, at the level of appeal, an important decision was made that the author did not have to prove his rights by providing the originals of digital photographs in RAW format.
01.12.2021
