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Vampre2020-10-02 02:04:50
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Vampre, 2020-10-02 02:04:50

Is it possible to post photos from the general telegram chat on the site?

For example, there is a city chat in telegram and there is a news site. Can the site publish photos from this chat and under what conditions?

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3 answer(s)
D
Dimonchik, 2020-10-02
@dimonchik2013

yes, until the first justified complaint

F
freeExec, 2020-10-02
@freeExec

It is possible under the conditions provided by the author. Establishing authorship is also still a problem there, anyone can post it, but he is the only author. If it is not written in the chat conditions that they say you posted a picture - you sold your soul, then you do not have any permissions.

D
Dmitry, 2020-10-06
@dimaxp35

You may not post these images on the site.
A photo is an intellectual property that has an author.
If you do not have permission (license) from the author, then the use of this photo will be a violation of intellectual property rights with appropriate responsibility.
There are a number of exceptions to this rule in article 1274 of the Civil Code, but they do not apply specifically to your situation, unless the site is registered as a media outlet.


Civil Code of the Russian Federation Article 1274. Free use of a work for informational, scientific, educational or
cultural
purposes original and translated for scientific, polemical, critical, informational, educational purposes, in order to reveal the creative intention of the author of legally published works in the amount justified by the purpose of quoting, including the reproduction of excerpts from newspaper and magazine articles in the form of press reviews;
2) the use of lawfully published works and excerpts from them as illustrations in publications, radio and television programs, sound and video recordings of an educational nature to the extent justified by the goal set;
3) reproduction in a periodical printed publication and subsequent distribution of copies of this publication, broadcasting or by cable, bringing to the public information lawfully published in periodicals on current economic, political, social and religious issues or transmitted by air or by cable, works of the same nature brought to the public in cases where such reproduction, communication, communication were not specifically prohibited by the author or other copyright holder;
4) reproduction in a periodical printed publication and subsequent distribution of copies of this publication, broadcasting or by cable, bringing publicly delivered political speeches, appeals, reports and similar works to the public to the extent justified by the informational purpose. At the same time, the authors of such works retain the right to use them in collections;
5) reproduction, distribution, communication on the air and by cable, bringing to the public in reviews of current events (in particular, by means of photography, cinematography, television and radio) of works that become seen or heard during such events, to the extent justified information purpose;
6) public performance of legally published works by presenting them in live performance, carried out without the purpose of making a profit in educational organizations, medical organizations, social service organizations and institutions of the penitentiary system by employees (employees) of these organizations and institutions and persons, respectively, served by these organizations or held in these institutions;
7) recording on an electronic medium, including recording in the computer memory, and bringing to the public the abstracts of dissertations.
2. Creation of copies of legally published works in formats intended exclusively for use by the blind and visually impaired (in embossed font and other special methods) (special formats), as well as reproduction and distribution of such copies without the purpose of making a profit, are allowed without the consent of the author or other owner exclusive right and without paying him remuneration, but with the obligatory indication of the name of the author whose work is used, and the source of borrowing.
Libraries can provide blind and visually impaired copies of works created in special formats for temporary free use with home delivery, as well as by providing access to them through information and telecommunication networks. The list of special formats, as well as the list of libraries that provide access through information and telecommunication networks to copies of works created in special formats, and the procedure for providing such access are determined by the Government of the Russian Federation.
Any further reproduction or communication to the public in a different format of a copy of the work intended solely for use by the blind and visually impaired is not allowed.
The provisions of this paragraph shall not apply to works created for the purpose of use in special formats, as well as to phonograms consisting mainly of musical works.
3. Without the consent of the author or other right holder and without payment of remuneration, audio commentary is allowed, the provision of a work with sign language translation in order to facilitate the perception of the work by persons with disabilities.
4. Creation of a work in the genre of literary, musical or other parody or in the genre of caricature on the basis of another (original) legally published work and the use of these parodies or caricatures is allowed without the consent of the author or other holder of the exclusive right to the original work and without payment of remuneration to him.

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