MOSCOW, March 9 – RIA Novosti. The exclusive rights to any photo belong to the person who took it – this is directly stated by the Civil Code of the Russian Federation. This means that the use or posting of someone else's photo on social networks can face a fine and even criminal liability, Olga Sokolova, partner of the agency for managing reputation and monitoring social networks Digital Guru, told the Prime agency.
To avoid this, it is necessary to obtain the consent of the copyright holder before posting a photo, for example, on Instagram. In this case, consent can be explicit and presumed. “For example, putting a hashtag on a photo, a person implies that a large number of people can see the photo, and they can repost the photo. However, this type of consent is controversial. It is better to ask directly in the comments under this photo, or write in direct,” the expert advises.
According to Sokolova, in case of violation of the requirement for obtaining explicit consent, the copyright holder can go to court and demand compensation. In addition to a fine, this violation may turn into administrative (Article 7.12 of the Administrative Code of the Russian Federation) or criminal liability (Article 146 of the Criminal Code of the Russian Federation).