Once they sent me a layout for approval. The layout was intended for placement on the website of an online store, as well as in sales areas. The mock-up depicts a girl, the customer's slogan and his promotional offers. I ask the designer - send a contract with the girl who posed for this photo. We need to check her consent to the fact that we will post her face across the country on billboards. In response, the designer reports that there was no contract with the girl in the photo, she does not know her at all, since she downloaded the girl's photo on the Internet. On what conditions and from what site, he cannot explain - she just found a picture in Google, downloaded it, processed it and that's it. Well done.
According to the law, the image of a person can be used only with his written consent and in a manner determined in consent ( this is written in article 152.1 of the Civil Code ). Photo studios, for example, take their consent in contracts for the use of photographs in a portfolio precisely for this, because without consent, such use would be illegal.
But this is a general rule, there are exceptions. For example, without consent, you can use a photo or video of a person who was paid to pose. Consent is not required if a citizen is a public figure, statesman, famous politician, or if the image of a person is made in "crowd" in public places and places open to free visits.
After a while, the designer sends a new layout with the image of another girl and says that the photo was downloaded from the site of "stock" images, but they bought a license from the site and now everything is legal. Very good, it means they are learning. Please send a contract with the site. They send - I read, the agreement is on one sheet, in which there is no specifics, only the amount for a certain "standard" license and a link to the terms of use on a separate site. They didn't read them. I was not too lazy to read the terms on the site, what is included in this "standard" license, I read it, it is - a license without restriction for non-commercial use or, but for commercial only in outdoor advertising for an audience of no more than 500,000 people. I call the designer back, ask where you plan to use it and find outthat advertising will be placed on billboards in Moscow and St. Petersburg, and will also be advertised on television. I asked the designer if she had read the terms of use of the license - she had not read it (and what was needed?). The layout of the advertisement was not approved because for such a volume it is necessary to buy an extended license and there are risks of getting a claim to prohibit the use of images and dismantle already placed advertising structures.
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