Have you come across a photograph that could perfectly illustrate one of your articles or your post on Brazil Email List social networks? You cannot find the author and you wonder then what are your rights and risks in the event of publication of this photo without authorization? The distribution of photos without authorization represents various risks governed by copyright and image rights; lighting. Photo distribution without authorization or photo credit Intellectual property. On the web as elsewhere, the fundamental right to intellectual property protects authors. From the moment a photograph is taken, the photographer automatically becomes its author, who then has the fundamental right to intellectual property.
In France, the right to intellectual property protects works of the mind which are both musical, literary, graphic and plastic works, as well as photographs. Regardless of the medium of use, anyone else who then wishes to publish this photograph on the web or in a printed medium will have to use the photo credit . This mention, which can appear in different ways, underlines the link of authorship between a photograph and its author in the eyes of the public. The authorship of a work. The authorship of the work is a moral right of the photographer who can then at any time demand that his name be registered alongside his work used and initiate proceedings against a person who does not respect his right of authorship according to the Code. of intellectual property.
What about copyright-free images?
The author enjoys the right to respect for his name, his quality and his work. This right is attached to his person. It is transferable by death to the heirs of the author. The exercise may be conferred on a third party by virtue of testamentary provisions. Finding a photo on the web and posting it on a blog, a website or even on social networks such as Facebook and Twitter, without the authorization of its author, constitutes an offense. The publication or distribution of photos without authorization is considered in the eyes of the law as an infringement of copyright which consists of moral rights and economic rights .
To publish a photograph of which you are not the author, it is then imperative to ask the photographer for the right and to mention his name next to the photo in order to be able to distribute the image without the risk of a claim for compensation or more lawsuits. Concrete case of a photo distribution without authorization. More and more photographers and even agencies are calling on companies responsible for managing the respect of their copyright, whose role is then to identify the illegal use of their works on the web. When this type of company then detects an unauthorized use of photos or other works of its client, its mission is then to request the withdrawal of the photograph in question from the fraudster, but also to claim compensation which can sometimes reach a fair amount. amount of money.
It is perpetual, inalienable and imprescriptibl
Recently, a client of the AntheDesign agency paid the price after receiving an email from a copyright management company. This company asked him for the sum of € 1,150 uros as compensation following the use of a photograph of his client, Agence France Presse. This photograph was found on Google Images and featured in a blog post. The expression free of rights is a little biased since there are no truly free images of rights, that is to say of photographs which are not protected by copyright. If you are looking for an image, but you do not necessarily have time to contact the authors in order to request a publication right, you can then turn to agencies and free or paid image banks which notably offer many photographs said to be free of rights.
They can guarantee you compliance with intellectual property law, which does not prevent professional photographers from always retaining their copyright in these images. Publication of a photo of a natural person without their authorization. With regard to the distribution of photos representing a natural person, things get complicated, the rules are still different and they are governed by the right to the image which is an absolute right for any person. Image rights are based mainly and indirectly on article 9 of the Civil Code which implies that everyone has the right to respect for their private life. The right to the image, being, in fact, part of the private life, any infringement of the right to the image of a person constitutes a violation of his private life and gives him the possibility of taking legal action by seizing the civil judge or the criminal judge.