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Is it legal to post photos with other people?
There are photographs in which, for example, two people are in the frame. If person 1 decides to post this photo in the social. networks and on the site, can a person 2 present something to him for this (if it suddenly turns out that he does not want this photo to be posted, although the photo is of quite normal content)? It is assumed that person 2 is some kind of star of the world scale, and person 1 just took a selfie with him / they were photographed together.
How is copyright here? Does a person have the full right to all actions with a photo if he himself is present on it (despite the fact that there are also other people there)?
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Article 152.1 of the Civil Code, which provides for the protection of the image of a citizen, does not prohibit the receipt of such images, it can be violated only after their unauthorized publication and further use, that is, after it has become available to an unlimited circle of people without the consent of the person depicted in the photograph .
However, there are exceptions to this rule: you can use someone's image if it is used "in the state, public or other public interests", or obtained when shooting in a public place, and the depicted face is not its "main subject".
That is, if someone accidentally got into the corner of the frame, he does not have the right to prohibit the use of this picture. Although, the concept of “main object” is not defined in the law, and is left to the discretion of the (possible) court (as well as “state” and other “interests”).
Events that happen to a person in a public place, in the general case, cannot constitute a "secret of private life", although exceptions are possible. However, when photographing in public places, the photographer does not know and cannot know that he violates the personal secret of someone who is in the frame, which means that it is impossible to be held accountable for this.
At least, this was the opinion of the court in one of the first Russian cases of violation of privacy, the lawsuit of a beauty contest participant against the newspaper Center Asia, which published a photo of her while smoking:
In accordance with Art. 151 of the Civil Code of the Russian Federation, recovery of compensation for the moral damage caused can be carried out if the offender is guilty, the degree of which is taken into account when determining the amount of compensation. In this case, there is no fault of the editors of the newspaper "Center of Asia", since the editors did not assume and should not have assumed that smoking Kuular A.O. in a public place may be her personal secret.
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