Payment due for posting photo without author's consent on social networks
11 de December de 2024, às 22:25
Alcemir Junior
Photographs are protected by copyright law, just like music and films. Under this law, the creator of the work has the exclusive right to use all or part of their work themselves or to share it with third parties.
For the Superior Court of Justice, as it defined when ruling on REsp 1.831.080-SP, "the artistic work represented by the photograph is protected by the Copyright Law, and any exposure on a social network without consent, remuneration and identification by means of due credits, damages the author's patrimonial and moral rights".
The situation in the above judgment was specifically about photos of landscapes, duly registered by the author, a professional photographer, in the public registry office and deposited in the national library, which were used on the website of a tourist travel agency.
In the above case, the authorship, the commercial purpose of the agency and the absence of consent, identification and remuneration were proven, which constituted use with "intent to profit, and not in an altruistic way to promote tourism, culture or historical heritage".
For the Superior Court of Justice, as it defined when ruling on REsp 1.831.080-SP, "the artistic work represented by the photograph is protected by the Copyright Law, and any exposure on a social network without consent, remuneration and identification by means of due credits, damages the author's patrimonial and moral rights".
The situation in the above judgment was specifically about photos of landscapes, duly registered by the author, a professional photographer, in the public registry office and deposited in the national library, which were used on the website of a tourist travel agency.
In the above case, the authorship, the commercial purpose of the agency and the absence of consent, identification and remuneration were proven, which constituted use with "intent to profit, and not in an altruistic way to promote tourism, culture or historical heritage".
