Does the indexed photo have a copyright?

Question

Copyright

Good afternoon!
In general, faced with such a situation. There is a photo taken specifically for the company to promote the service. Posted on the site. The photo was indexed by a search engine, and a thumbnail was mixed up.
Another company, unbeknownst to her, took the photo at her request from Google and used it on her Instagram account to promote her services. The photo shows an employee of our company, but this did not become an obstacle for them. At the request of deletion - refusal, arguing that everything in "Google" can be used without copyright. Is it so? Can you comment on this situation in detail?

Answer 1

The photo is subject to copyright, regardless of whether this photo has been indexed by Google, Yandex or another search engine or not.
No wonder there are photo stocks where photographers post their photos, the rights to publish which people buy for money?
Civil Code of the Russian Federation Article 1259. Objects of copyright
1. The objects of copyright are works of science, literature and art, regardless of the merits and purpose of the work, as well as the way it is expressed:
"The photo shows an employee of our company" - the employee also has the right to his image. You didn’t alienate his right during the shooting, did you? ..
"everything on Google can be used without copyright." - for this there can be a very large and official bo-bo.
"Can you comment on this situation in detail?"
What is there to comment on. You have to go to court