Question about copyright

Question

Copyright

Situation 1. If the photographer took a picture of something, the copyright for the picture belongs to him. In the event of some kind of showdown, the photographer has an unconditional priority right to publish, and its limitations.

Situation 2. I was walking in the park and saw an interesting story - the bird was “reading” a magazine. I took a picture and would like to post it. The picture clearly shows the contents of the spread of the magazine. Question - can someone somehow restrict my rights to publish my picture?

Situation 3. I took a picture of a monitor, on the screen of which, among other things, there is someone else's photo, with the author and limited rights. What can and can't I do with this image?

Situation 4. On my website, an anonymous visitor published an article with a photo obtained according to the principle of situations 2 and 3. Some time later, he received a pre-trial claim by mail from the author and (or) owner of the photo. Is it possible to send them, and if so, how?

Thanks in advance for your replies!

Answer 1

1. The photographer has such a right. Better quality pictures, such as RAW, can serve as proof of authorship. As an example, you can find the claim of the photographer Boris Topolyansky to the St. Petersburg zoo. (on fontanka.ru )
2. If the full (or partial) text of an article can be read in the journal, then this is a copy / reproduction, therefore, only with the consent of the copyright holder. Output: slightly blur the text. The quality of the photo will hardly suffer, but there will be no complaints.
3. Too is copying/reproduction. The output is the same slightly blur or get consent for playback. Moreover, if this photo is a model, then it is enough to get the consent of the person who has the “model release” (the consent of the model to transfer the rights of the image to the photographer)
4. Judging by VKontakte and many other sites, this issue has not yet been fully resolved in our country, so if you do not have your own staff of lawyers, I would recommend listening.

Answer 2

There is the concept of “object of shooting” and if the magazine is not this object, then it’s okay, but, as advised above, it’s better to blur the content of the article / monitor.