Today, some mistakenly believe
that if a non-professional took a photo using a camera phone or a regular
camera, then this work was not protected by copyright.
How many people take photos of
food or scenery and post them on their social media without realizing that
these photos might be copyrighted?
You know, any photography that
meets these three criteria is copyrighted:
- It must be the work of the author (original);
- It must be presented in any tangible form (digital,
printed; not just an idea told to someone);
- It is not Work-for-Hire.
The original, published even
on a personal page and without transferring copyright property rights to
another person, is protected by copyright law. What does it mean?
No one has the right to use
this photo, repost, or make changes without the author's permission, even if
this photo is on the author's page and, according to others, doesn't have
artistic value.
Anyone who wants to use this
photo must ask permission from the author. The author has the right:
- to permit of using this work to clarify where and
how he\she allows to use the photo;
- to prohibit the use of this work.
If the author gives a positive
answer, then the financial question is necessarily stipulated: will it be paid
or free?
If you didn't receive
permission but decided to use the photo, then be prepared to pay. The author
has the right to demand compensation, damages, and moral damage following
Article 65 of the Law of the Republic of Uzbekistan "On Copyright and Related
Rights," which states:
The author, owner of related rights, or another owner
of exclusive rights has the right to demand from the violator:
- Recognition rights;
- Restoration of the situation, which existed
before the violation of the right and the cessation of the acts violating
the right or creating the threat of its violation;
- Compensation for losses in the amount of unreceived
income, which the right holder would have received under normal conditions
of civil circulation if his/her right was not violated. If the violator
has received income as a result of the violation of copyright or related
rights, the rightsholders shall have the right to demand compensation
along with other losses of lost profits in the amount not less than these
profits;
- Payment of compensation in the amount of twenty
to one thousand base reference value instead of damages paid regardless of
the fact of infliction of losses, based on the nature of the violation and
the degree of fault of the violator, taking into account the custom of
business turnover;
- Take other measures stipulated by the Law related
to the protection rights established by this Law.