Photo copyright from the Internet: what you need to know?

Civil law
Sidorenko Vitaly
02.04.2021
Law Services - Photo copyright from the Internet: what you need to know?

   

Many users believe that if the photographer is posted online, their authors have given permission for their free use. Such arguments are erroneous and lead to a violation of the legislation of Ukraine on copyright and related rights.

☝🏻One of the common copyright infringements is the unlawful posting of a written work by the author on the Internet.

     This provision also applies in the case of publication of a work under a pseudonym that identifies the author. The author has the exclusive right to allow or prohibit the use of the work by others.

No copyright registration or any other special design is required for copyright to arise. If desired, each author can register copyright in the relevant state registers.

❗️A photograph is one of the objects of copyright protected by law, and its use without the consent of the author is a violation of copyright law.

🙅‍♂️The most common misconceptions about photos on the Internet are:
1. if the photo images are posted on the Internet, the author of such an image automatically gives permission for its free use;
2. if the photo is posted on social networks, it is considered an object that can be used for any purpose and without any restrictions;
3. if there is no information about the author under the photo, then this photo is not subject to copyright and can be used freely;
4. if the person used the help of a photographer who took a photo and gave her the image, it is the transfer of exclusive copyright to these works
.

    Responsibility for copyright infringement in Ukraine may be:
🔹 civil law (the author of the work (photo) has the right to compensation for non-pecuniary damage, lost profits or recovery of income received by the infringer due to copyright infringement);
🔸administrative (sanction for the violator – a fine of 170-3400 UAH with confiscation of illegally manufactured products, as well as equipment and materials intended for its manufacture);
🔹criminal (sanction for the violator – a fine of 3400 to 17000 UAH., or correctional work for up to two years, or imprisonment for the same period)
.

    If the specified criminal offense is committed repeatedly, or by prior conspiracy by a group of persons, or by an official using an official position or an organized group of persons, or if it has caused material damage in a large or particularly large amount, the perpetrators shall be punished more severely.