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.

                                   

Finally, the author has the right to demand compensation from the violator for moral damage in case of violation of her\his rights.