An article for posting someone else's photos. Use of photograph without consent. The photographs were obtained as a result of shooting public places

September 17, 2016 at 11:47 am

The court of the Russian Federation allowed to publish other people's photos without the permission of the author? Not Quite [Updated]

• Legislation in IT

Photo by Ilya Varlamov from the article “Why are there so many homeless people in America? ". Posted without author's permission, as did the portal 66.ru, which is the defendant in the lawsuit of Ilya Varlamov. Photo: Ilya Varlamov // varlamov.ru

The Intellectual Property Court of the Russian Federation has made a historic decision that may affect the work of the media in the country. At least, this is what representatives of the 66.ru portal think, who are suing businessman Ilya Varlamov.

At the suit of the habrauser and photographer Ilya Varlamov () against the portal 66.ru, the court canceled the decisions of the courts of first and second instance, which decided to pay compensation to the author for the illegal use of photographs. Representatives of the portal 66.ru believe that it has the right to publish informational photographs without asking the permission of the author, subject to the following five conditions.

1. Photos - informational nature, that is, covering current economic, political, social and religious issues.
2. The name of the author is given.
3. The source of the borrowing is specified.
4. The copyright holder posted the photos in the public domain.
5. There is no special prohibition on the use of photographs.

From the text of the decision (abridged):

IP Varlamov Ilya Aleksandrovich applied to the Arbitration Court Sverdlovsk region with a statement of claim to LLC “66.RU” for the recovery of compensation in the amount of 460,000 rubles. for illegal reproduction and communication to the public on the Internet of 44 photographic works, as well as compensation in the amount of 90,000 rubles. for deleting information about the author on nine photographic works on the Internet.

By the decision of the Arbitration Court of the Sverdlovsk Region dated February 25, 2016 (taking into account the ruling dated February 25, 2016 on the correction of an arithmetic error), the claims were satisfied in full.

By the decision of the Seventeenth Arbitration Court of Appeal dated 06/06/2016, the decision of the court of first instance was changed, the claim was partially satisfied: compensation in the amount of 220,000 rubles was collected from the 66.RU company in favor of the entrepreneur.

In a cassation appeal filed with the Intellectual Property Court, the businessman asks to cancel the decision of the court of appeal to cancel and uphold the decision of the court of first instance.

Court sentenced:

The decision of the Arbitration Court of the Sverdlovsk Region dated February 25, 2016 in case No. A60-54898/2015 and the decision of the Seventeenth Arbitration Court of Appeal dated June 6, 2016 in the same case are canceled.

Send the case for a new trial to the Arbitration Court of the Sverdlovsk Region.

As you can see, Ilya was dissatisfied a small amount compensation by decision of the arbitration court - and filed a cassation appeal. As a result, the Court for Intellectual Rights of the Russian Federation reversed the decisions of both courts.

It is worth noting that a cassation appeal against the decision of the Seventeenth Arbitration Court of Appeal was also filed by the 66.RU LLC portal, which hired very competent lawyers from law firm"Justa Aura".

The lawyers of this firm chose a non-standard line of defense: they relied on the fact that 66.ru LLC did not yet exist as a legal entity at the time the photos were published. In addition, Varlamov was not registered as an individual entrepreneur at that time. This means that the case is not of an economic nature at all and should not have been considered in an arbitration court from the very beginning.

For a more detailed interpretation of the text of the court order, see the user. He very clearly explained why both complaints were dismissed and why the case was sent for retrial.

Full text of the decision

Precedent?

The IP Court is the first specialized arbitration court in the Russian Federation, founded in 2013. He considers as a court of first instance and cassation cases on disputes related to the protection of intellectual property rights.

Although there is no system of case law in Russia, the decision of the Intellectual Property Rights Court will certainly be taken into account when considering similar cases in ordinary arbitration cases. At the moment, the courts are considering the claims of Ilya Varlamov alone against 34 Russian media for a total of 11.9 million rubles. In August 2016, about 10 regional media companies in Russia created the #StopVarlamov committee, demanding that they be allowed to freely use Ilya's photos and put an end to the entrepreneur's business, which turned photography into a permanent source of income.

It is the regional media that oppose Varlamov, because Ilya Varlamov is known as the author of a series of publications about Russian cities - and numerous photographs of roads that are difficult to drive on, sidewalks that are difficult to walk on, and other evidence of municipal devastation. His posts on the Internet cause heated discussions, and his photographs are widely circulated by regional Internet media, often without compensation.

According to photographers, this precedent could create a dangerous practice of photo theft by news outlets and agencies.

Taking into account the decision of the Court for Intellectual Property Rights of the Russian Federation, the case will be reviewed in Arbitration Court, so it is too early to put a final point on this issue.

UPD. Ilya Varlamov commented on the court’s decision today in an article “ About shit-eating in the media”: “It is clearly stated in my blog that I forbid the use of my photos without permission. So I don’t understand this hysteria from scratch at all. ”

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Painter: Pieter Brueghel the Younger / Country Lawyer, 1620-1640. Source: http://commons.wikimedia.org/wiki/

Article 1274 of the Civil Code of the Russian Federation allows the use of someone else's photos and videos if:

reproduction or communication to the public in reviews of current events by means of photography, cinematography ... works that become seen or heard in the course of such events, to the extent justified by the informational purpose

That is, if you use a photo for informational (illustrating a news item), scientific, educational or cultural purpose. In this case, you do not need to ask the permission of the author, but you must indicate the name of the author, the title of the work used and give a link to the source of borrowing.

Another important point described in Article 1277 "Free use of a work permanently located in a place open to the public":

It is allowed, without the consent of the author or other right holder and without payment of remuneration, to reproduce ... a photographic work that is permanently located in a place open to the public, except in cases where the image of the work in this way is the main object of this reproduction ... or when the image of the work is used for commercial purposes .

Thus, if you have an informational publication, for example, an article on a political topic or a humorous story, and in the article itself you do not advertise a company, product or service, then you can use someone else's photo indicating the author and source of borrowing.

Artist: Edward Lamson Henry 1841-1919. Picture: "Lawyer of the country". Source: http://www.artscroll.ru

For everyone who works with the media, I recommend reading the article "The Eighth Commandment of a Journalist: Plagiarism and Author's Rights":
http://mediasummit.primorsky.ru/materials/1402471934

If you have a company community or the publication is of an advertising nature, you must request the author's permission to consent to the publication. Even if the photo is posted in open group and anyone can take it from there. As practice shows, in Russia this rule works forever (in Ukraine too - note by Andrey Zyuzikov). Here is the story of a photographer from Svetlogorsk who sued the group administrator for posting his photos without permission:
http://www.copyright.ru/news/main/2014/11/27/fotografiya_VKontakte/

Interestingly, the court sided with the community administrator, appealing to the fact that “each of the users of VKontakte, registering on the resource, joins the user agreement, according to which any type of content posted on the pages of users can be used in any form by others users with the only limitation - without extracting commercial benefits .... By posting the disputed photographs on the VKontakte network, the plaintiff automatically made them publicly available and transferred the rights to use them to all network participants.

controversial precedent. Unfortunately, the article does not indicate how the case ended in the end. Lawyers pay attention to the fact that the placement of a photo or video on a website by the author does not mean that these works now belong to this site. And although part 4 of the Civil Code of the Russian Federation does not single out the Internet separately as a place where copyrights should be protected, the network is considered as an opportunity for technical access for the distribution of copyrighted works.

Painting: "Portrait of three lawyers and notaries." Artist: Tintoretto, Domenico Robusti, 1623. Source: http://www.bridgemanart.com

An interesting situation with public access. It is believed that if the photographer posted a photo to the group, he thus provided his work for general use. This is not true. The photo still belongs to the author and you need to ask for his consent.

How to legally use visual content when working in social networks?

1. Use stock photos. Here you can buy or take free images on various topics. Many prefer Photl or Photobucket. The advantage of this approach is that you almost do not spend money on purchasing photo content. The downside is that you are not the only one using photo stocks, so the photos are not unique and can easily be found in other communities. Do not forget that usually the photos are standard with models in appearance and Western-style clothing. Which, you see, is not always suitable.
2. Contact photographers directly. You can write a personal message to the user on Facebook or send an E-mail, as long as you have written permission from the author. Be sure to talk about changing photos in advance, for example, if you want to use a branding template with a company logo in the community. Also clarify the question about the watermark on the photo, because photographers often put them on their photos. Usually the photographer asks to sign it under the photo and give a link to a personal website.
3. Buy photo. It is better to discuss the cost of buying a photo or hiring a photographer with the client in advance. A significant plus of this approach is that you will get really unique content.
4. Use customer photos. This approach is practiced large companies, which usually have an accumulated database of photos. Here it is worth discussing the issue of protecting photos from copying, so that materials are not copied from you without permission.

Lawyer's word:

It is also important that when buying photographs, take care of the correct paperwork so that you can prove at any time that the use is being made on legal basis. In this case, it is necessary to draw up either a license agreement or an agreement on the alienation of exclusive rights. Remember the fact of compensation for the transfer of exclusive property rights, just buying is not enough.

Artist: William Powell Frith (1819-1909). Painting: "Family Lawyer", 1857.

Since November 2010, every educational institution, whether Kindergarten, school, college, technical school or institute, is required by law to have its own official website. In this regard, the complaints of parents (other legal representatives) about the illegality of posting photographs of their children on the Internet, as this contradicts their views and religion, have become more frequent. What does the law say about this?
When is parental consent required? According to Art. 24 of the Constitution of the Russian Federation, the collection, storage, use and dissemination of information about privacy persons without his consent are not allowed.

Art. 152.1 of the Civil Code of the Russian Federation states that the publication and further use of the image of a citizen (including his photograph, as well as video recordings or works visual arts in which he is depicted) are allowed only with the consent of this citizen.

Since in accordance with Part 1 of Art. 64 of the Family Code, parents are the legal representatives of their children and act in defense of their rights and interests in relations with any physical and legal entities without special authority, consent to posting photos of children on the site educational institution its employees must receive from their parents. In many educational institutions, there are forms of written consent of parents to post photos or other personal information (last name, first name) of their children on the official website of the institution.
However, the Law also provides for cases where parental consent is not required for posting photographs of children. Free publication of photographs is possible in cases where:
1) the use of the image is carried out in the state, public or other public interests; 2) the image of a citizen was obtained during shooting, which is carried out in places open to free access, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), except when such an image is the main object use; 3) the citizen posed for a fee.

In other words, if your child is not a fashion model, then any of his photos, with the exception of the photo close-up, can be freely published on the website of an educational institution if it was made during a public holiday, matinee, school line, sports competition, other celebration or mass event.
What should I do if the photos from the concert do not contain the consent of the parents of some children to use the photos?
If the photo was taken during a public mass event, such a photo can be published despite the absence of the consent of the parents of one of the children.
What is the punishment?
For the publication of photographs of children on the Internet without the consent of their parents, the administration of an educational institution is liable under Art. 137 of the Criminal Code of the Russian Federation. If the court admits guilt, the person who published the photograph will be punished with a fine of up to 200,000 rubles or in the amount of wages or their other income for a period of up to 18 months, or by compulsory works for a period of 120 to 180 hours, or by corrective labor for a period of up to 1 year, or by arrest for a period of up to 4 months.
Where to complain?
If the photo of the child was published without the consent of the parents on the Internet, then they have the right to file a complaint with the prosecutor's office about violations of their rights under Art. 24 of the Constitution and Art. 152.1 of the Civil Code of the Russian Federation. If the publication of photographs caused moral suffering to the child (or his legal representatives), parents have the right to apply to the court with a claim for compensation for moral harm caused by the illegal use of the citizen's image.

The All Cases forum discusses issues of civil and criminal law enforcement.

06/09/2015 a meeting of the Plenum of the Supreme Court was held Russian Federation, which discussed some issues of application general provisions part one of the Civil Code of the Russian Federation, in particular, the problem of using personal photos posted by users was considered social networks on personal pages.

Publication of the image of a citizen, including its placement by the citizen himself on the Internet, and the public availability of such an image does not give other persons the right to freely use such an image without obtaining consent.

Consent is required if the sole purpose of publishing and the use of the image of a person is to satisfy the philistine interest in his private life or to make a profit.

It must be understood that the mechanism for distributing publications on the Internet is carried out through intangible media and the image reproduction technology should be taken into account. To publish, for example, a photo from Vkontakte, on some sites, it is enough to copy the link to this image, while the image will be stored on the vk.com server, and not on the publication page.

Consent to the publication and use of the image of a citizen is a transaction that can be made in writing or orally.

In this regard, consent may contain a number of conditions that determine the procedure and limits of disclosure and use his images.

This moment greatly simplifies the mechanism for obtaining consent: sent a message with a request and received an “agree” in response. The deal is done.

If the consent was given orally or by implicit actions, such consent covers the use of the image to the extent and for the purposes that are clear from the environment in which it was performed.

I will pay attention to "committing conclusive actions." I interpret it this way: the user posted his personal photos on the page and at the same time chose "privacy terms" as "public viewing" (with the available "only me" or "only friends", etc.) therefore provided a technical opportunity ( read - agreed) to unrestricted access to their images of other persons.

Through a search query in Google Images, I can not even guess on which page the Internet user posted his photo, however, if the search robot can read this information and then reproduce it in an array of other images, then this should be understood that the user has given consent search engine to post your image? Rationale: Visually, the search selection in Google Image from different portrait images is a page with a specific address that matches the search query. Why not publish online?

The citizen's consent to the use of his image may be withdrawn by him at any time, but the owner of the right to use the image may demand compensation for the losses caused by the withdrawal.

The judges looked at each other and explained "entry - ruble, exit - two." If the user once agreed to the use of his photo, let him not be surprised if he meets him not where he would like.

After the death of a citizen and in the absence of a surviving spouse, children or parents, any consent for the publication and use of the image this citizen not required.

EXCEPTIONS

The consent of the depicted person is not required if the citizen is a public figure (holds a state or municipal position, plays a significant role in public life in politics, economics, art, sports or any other field), and the publication and use of the image is carried out in connection with a political or public discussion or interest in this person is of public importance. T

Consent is not required for the publication of images of missing persons, wanted criminals, eyewitnesses, witnesses of the incident, that is, if the publication occurs to protect law and order and security.

Consent is not required for the publication of an image obtained during filming that takes place in places open to the public, including open court hearings, or at public events (meetings, conventions, conferences, concerts, performances, sports competitions and similar events) . Provided that the image of the person in the picture not the main object of use .

Consent is not required if, in general, the photograph displays information about the public event held. At the same time, attention should not be drawn specifically to the image of this citizen. Collective photographs where citizens have clearly expressed their consent to be photographed can be made public by any of the persons depicted in the photo without obtaining additional consent from other persons depicted in the photograph, provided that such an image does not contain information about the private lives of these individuals.

CONCLUSION

About the position Civil Code which was included in the agenda of the plenum.

Article 152.1. Protection of the image of a citizen

1. Publication and further use of the image of a citizen (including his photograph, as well as video recordings or works of fine art in which he is depicted) are allowed only with the consent of this citizen. After the death of a citizen, his image can be used only with the consent of the children and the surviving spouse, and in their absence - with the consent of the parents. Such consent is not required in cases where:

1) the use of the image is carried out in the state, public or other public interests;
2) the image of a citizen was obtained during shooting, which is carried out in places open to free access, or at public events (meetings, congresses, conferences, concerts, performances, sports competitions and similar events), except when such an image is the main object use;
3) the citizen posed for a fee.

2. Manufactured for the purpose of introducing into civil circulation, as well as copies of material carriers in circulation containing the image of a citizen obtained or used in violation of paragraph 1 of this article, are subject to withdrawal from circulation and destruction on the basis of a court decision without any compensation. .

3. If an image of a citizen obtained or used in violation of paragraph 1 of this article is distributed on the Internet, the citizen has the right to demand the removal of this image, as well as the suppression or prohibition of its further distribution.

You can not publish photos on social networks without permission. It is forbidden to use your Vkontakte photos without permission. Is it possible to publish other people's photos from a page on a social network. Do not post other people's photos from social networks without permission.

Many people prefer to purchase high-quality photographic equipment used to photograph various sights, relatives and even strangers. Often such actions cause a negative reaction from other citizens. Therefore, every photographer should figure out whether it is possible to photograph a person without his consent. It also takes into account which places it is not allowed to photograph at all, where it is allowed to use a photo and what are the consequences of violating the law.

Basic Rules

The legislation of the Russian Federation has Art. 152.1 of the Civil Code, which refers to the protection of photographs of a citizen. It specifies all the rules related to the creation of a photo. The law, which prohibits photographing people without their consent, indicates that in order to take a photo, you must first obtain permission from the model. Although some points in this legislative act are considered not too unambiguous.

The Law on Photographing People Without Their Consent states that these photos may not be made public or used for any purpose without the permission of the people in the image. If the model dies, then consent must be obtained from his heirs represented by parents, spouses or children. In this case, is it allowed to photograph a person without his consent? Taking photos is allowed, but it is not allowed to use them for distribution or other purposes.

When is the law broken?

The law prohibiting photographing people without their consent will be violated in situations:

• The photographer publishes the images, so they can be accessed by unauthorized persons in unlimited quantities. By decision Supreme Court 25 disclosure is represented by actions that involve providing access to a photo by publishing it in various public sources, for example, in the media or the Internet.
• Use of photos for other purposes. For example, they may be reproduced or sold, displayed at public events, or recycled. Even importing originals or duplicating them are all actions that require consent from the people in the image.

In all of the above situations, permission from the model is required. Many citizens are sure that it is impossible to photograph people without their consent. Article 152.1 of the Civil Code indicates only that it is not allowed only to use these images.

In what situations can images be used without consent?

Filming a person without their consent is a permitted activity in most cases. However, there are even some cases when you can use the resulting images. These exceptions come in three varieties.

All these situations are prescribed in Art. 152.1 of the Civil Code.

Photos are used in the interests of the state or society

When answering the question of whether a person can be photographed without his consent, you can confidently answer in the affirmative. However, these images must be used with care. If the photo shows a public figure represented by the President, a well-known politician or a singer, then such photos can be distributed without fear that the photographer will be held accountable. This does not require the consent of a public person.

This is due to the fact that such citizens are significant figures for society and history as a whole, therefore they must be tolerant of interest in their person from other citizens. Therefore, their photos can be published in different sources.

Additionally, photographing people without consent is allowed if it is in the public interest, for example:

• the need for citizens to detect or disclose the threat posed to democracy;
• prevention of danger to the public or environment;
• solving various crimes.

It is necessary to correctly distinguish between images that may be useful to society and those that do not carry any important information to the state and citizens.

Why can't people be photographed without their consent? This is due to the fact that the privacy of people is violated. Even in relation to public figures, it is allowed to make images of them in the course of their work, but personal life must remain inviolable. Persons who are not engaged in public activities should not be specifically photographed for the purpose of using the image for profit or distribution for other purposes.

The photographs were obtained as a result of shooting public places

Usually, images of various events and sights are taken, which leads to the fact that other people are inadvertently captured in these photos. In this case, their rights are not violated. Without caution, you can take pictures of places:

• open to the public;
• various public events represented by concerts or competitions, congresses or exhibitions.

You can use such images for any purpose, even for distribution. But at the same time, it is not allowed for an outsider to be completely placed on the entire photograph. The exception is the situation when the photograph was taken intentionally, and a specific person was purposefully captured, which can be quite easily understood from the photo.

If mass pictures are taken, it is desirable to obtain the consent of at least one person. If he allows you to use this image for any purpose, then you do not need to take permission from others. An exception will be the situation when the picture contains data about the personal life of citizens.

A man specially posed for a certain reward

In such a situation, a person acts as a model, therefore, independently agrees to create an image and receive payment for it. To prevent future disagreements, it is recommended to take a receipt from him, which indicates the information:

• F. I. O. of the model;
• the amount that was paid to the person for posing;
• the date the photograph was taken and the funds paid;
• location of the photo session;
• Full name and other information about the photographer;
• model signature.

It is with the help of such a receipt that the photographer can protect himself in the future from various claims or even litigation.

If the photographs themselves act as a payment for the model, then these relations are also not free of charge, therefore, a receipt is again drawn up that the model received the payment presented in in kind.

If the model is represented by a minor citizen, then the receipt is drawn up by his official guardians.

The man posted his photos on the Internet

In such a situation, he independently makes his images publicly available. Even in this case, unauthorized persons do not have the right to use these photographs for their own purposes without obtaining the consent of the owner.

An exception will be the situation if the photos are posted on sites whose rules state that all uploaded files can be used by the administration or other users for any purpose.

What form does the permission take?

Filming a person without their consent is prohibited for the purpose of disseminating images, unless it falls under the exceptions. At the same time, the photographer often needs to take a photo of a certain citizen. In this case, you will have to take his consent to this process. It may be presented orally or in writing.

Consent is represented by a certain transaction, and it is perfect if both parties behave in such a way that the expression of their will is clearly visible. An example would be when a person is being interviewed on camera. In this case, he verbally agrees to participate in the filming, so he will not be able to create obstacles in the future for the use of this video.

It is forbidden to take pictures of people without their consent for further distribution of the photo, so many people take advantage of this situation. They may verbally allow their photos to be taken, but then file a lawsuit in order to recover a penalty from the photographer or achieve other goals. Therefore, it is desirable to form such consent in writing, since such a document will act as a means of protecting the photographer.

When compiling such a document, it is allowed to include in it different conditions For example, it specifies how the images will be used, how they will be made public, and often even sets a period of time during which the photos can be used.

Shooting in public places

Is it possible to photograph a person without his consent if the photos are taken in various restaurants, hotels or other similar establishments? If the main goal is to capture the situation or different objects, and people only accidentally fall into the frame, then this is a legitimate activity on the part of the photographer.

The owners of different public establishments may set different rules that all visitors must follow, but they do not have the right to prohibit filming, as such prohibitions are against the law.

Taking a photo outdoors

It is possible to photograph a person without his consent if he accidentally enters the frame on the street during the shooting process. At the same time, the citizen himself should not be the central figure in the image, since otherwise he can prove that he was the main goal of the photographer.

If a person stands on the image with his back or side, and also does not perform any actions that are personal, then he will not be able to make a claim to the photographer.

Shooting objects of strategic importance

Such structures include military installations, the location of which should be secret for citizens of other countries. Their destruction or capture may affect the course of various military operations, therefore it is forbidden to distribute photographs depicting these structures. They can be counted:

• airfields or aviation bases;
• naval bases;
• warehouses intended for the storage of nuclear weapons;
• seaports;
• political objects of significant size and significant significance;
• large industrial centers;
• nodes of the power supply system.

People should not be photographed against the background of these objects, as this process is prohibited by law enforcement agencies.

Where can't shoot?

It is not allowed to take pictures of people in different institutions, which include:

• State Duma, and every person who visits this organization, must not bring any equipment with which you can take photos or videos;
• courts or correctional facilities;
• objects belonging customs service;
• on the territory or in buildings owned by Gosstroy, the Ministry of Fuel and Energy or Rostransnadzor;
• near the border of the country, as the permission of the head of the border department of the FSB is required for shooting.

For violation of these rules, the owner of the equipment can be held not only administrative, but even criminally liable, since the distribution of photographs taken by him can cause significant damage to the state or society.

Penalties for violations

Is it legal to photograph a person without their consent? This process is illegal on the part of the photographer if the shooting is not in public place and further plans to distribute pictures. The purposeful creation of a photo of a specific person, which will then be used on the Internet or in the media, is a violation of the law, therefore, different measures of responsibility may be applied to such a photographer.

If he does not use the received images for any purpose, then it will be impossible to make any claims against him. If they are used for distribution, sale or other purposes, then the person depicted in the picture can go to court. AT statement of claim he indicates that his life or health, as well as personal property, was intentionally harmed.

A photographer for such violations can be held not only administrative, but even criminally liable, as it violates the privacy of another citizen.

Various legal acts are used to hold accountable:

• Art. 137 of the Criminal Code. It describes the possibilities for violating a person's privacy. Therefore, if information about a person's private life is illegally collected or used for any purpose without his consent, this leads to a fine of 200 to 500 minimum wages. Such punishment may be replaced by the income of a citizen received within two or five months. Compulsory work is often assigned for a period of 120 to 180 hours. Additionally, correctional labor for up to 1 year may be applied. If there is evidence of a significant violation of human rights, an arrest for up to 4 months can be imposed at all. At the same time, the plaintiff will have to prove in court that the photographer really revealed his personal or family secret, distributed images without his consent, showed them publicly or only to a limited circle of interested persons, and also use them for personal gain to obtain certain benefits.
• Art. 151 GK. It indicates the possibility to recover compensation for non-pecuniary damage from the photographer if the distribution of photos and shooting without the consent of the person is proved. The law of the Russian Federation takes into account that it is important to prove not only the presence of photos, but also their use for personal gain. The distribution of images can cause moral harm to citizens, so they are subjected to moral suffering. In this case, such damage is compensated by a monetary payment. When calculating this compensation, the degree of harm caused, the fault of the offender and other important circumstances are taken into account. The degree of human suffering is considered, for which it is studied individual characteristics.
• Art. 11.17 of the Code of Administrative Offenses. It describes the violation of the rules of human behavior on different types transport. If people take pictures on board an air or water transport, as well as in a railway train, then this is a punishable action, for which a fine of 100 rubles is imposed. Additionally officials photographs taken will be confiscated.

Thus, having figured out whether a person can be photographed without his consent or not, each photographer will responsibly approach the creation of different pictures. The need to obtain consent is taken into account if the citizen becomes the central figure in the picture. Making images is allowed, but using them for any purpose is prohibited. If the photos are stored in the family archive, then their owner will not be held liable in any way. If they are distributed in the media or the Internet, then this may become the basis for bringing a citizen even to criminal liability.