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Misuse of photographs to make T-shirts
A large Russian clothing retailer, without the consent of the author, used pictures of a hand-painted product to make prints on 2 types of T-shirts (the prints are identical, but the colors of the T-shirts are different). The photograph used has been graphically processed (a section of the photograph has been cut out and composited with another image). The original photo had the copyright sign of the author, but not in the standard form, which is discussed in the Civil Code of the Russian Federation (not in the form of the © sign with the author's name and publication year, but in the form of the author's pseudonym and publication year, this sign is also used in some other works author). The copyright symbol has been removed from the image used for the prints.
How to correctly calculate the amount of the claim in this situation?
Based on what data can and should the amount of the claim be formed?
Can a company be required to provide information on batch sizes and how reliable the information provided can be?
What articles of the Civil Code of the Russian Federation should be included in the statement of claim?
How many cases of copyright infringement are there in this situation?
Is it possible to consider the use of one photo for 2 types of T-shirts as 2 cases of copyright infringement?
Is it possible to consider the use of a product with the author's hand-painted, which was depicted in a photograph, as a separate case of copyright infringement?
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