An independent reference on the legal and business basics of creative work. It is not legal advice, a photography school or an agency, and it is not connected with the former project on this domain. For your specific situation, consult a lawyer.

Basics

The basics

Most questions about creative work come down to four topics: who owns the result, whether you can show people who ended up in the frame, what you are allowed to shoot in the street and how to get paid properly. Below is a short overview of each.

The author comes into being together with the work. Everything else — licences, consents and acceptance certificates — simply describes who uses that work and how.

— Editor's note

This section summarises general provisions of the Russian Civil Code and does not cover the specifics of individual contracts. Rules on copyright and image rights differ by country — check your local law or a local lawyer. If your situation does not fit the pattern, show your documents to a lawyer.

Where rights to a photo, drawing or illustration begin.

The right arises without registration

Article 1259 point 4 of the Russian Civil Code states plainly that no registration of the work or other formalities are needed for copyright to arise and be protected. What does help is keeping original files and drafts that show who the author is.

Glossary

Licence

Under a licence agreement, the author permits use of the work within agreed limits and remains the rights holder. Such an agreement must be in writing unless the Code provides otherwise (article 1235 point 2).

Documents

Assignment

Under an assignment agreement, the exclusive right passes to the acquirer in full. This agreement must also be in writing (article 1234 point 2). Afterwards, it is the new rights holder who decides what happens to the work.

Documents

A person's image

When a recognisable person is in the frame, their rights are added to the author's rights.

The general rule is consent

Publishing and further using a person's image, including a photograph, is allowed only with their consent (article 152.1 point 1 of the Russian Civil Code).

Documents

Three exceptions

Consent is not required for use in the state, public or other public interest; for shots taken in places open to the public and at public events, unless the person is the main subject; and when the person posed for payment.

Questions

Working in public places

A street, park or square is not always a free zone for any use of a photo.

Works in public places

An image of a sculpture, mural or photographic work permanently located in a place open to the public may be reproduced without the author's consent, except when the work is the main subject of the use or the use is for profit (article 1276 point 1).

Street art (in Russian)

Architecture

Images of works of architecture, urban planning and landscape design may be freely reproduced and distributed (article 1276 point 2). Access to the property is a separate matter decided by its owner.

Travel photos (in Russian)

Money and taxes in general terms

No specific figures: they change and depend on your circumstances.

Advance and payment stages

Payments are easier to manage when split into stages tied to clear events: booking the date, the shoot itself, delivery of finished files. Each stage is worth fixing in the contract.

Guides

Tax regime

Income from creative work is taxable. Choose a suitable regime and check current conditions with your country's tax authority: requirements change over time, and a summary here cannot replace them.

Questions

  • Guides

    Step-by-step notes: a photo shoot contract, consent to use a person's image, a licence for a photo, and what to do if your work was used without asking.

  • Documents

    Shoot contract, licence agreement, assignment agreement, consent of the person in the frame and acceptance certificate: why each matters and what to check.

  • Glossary

    Key terms: copyright and exclusive right, licence, assignment, rights holder, making public, free use, original file and acceptance certificate.

  • Questions

    Short answers to common questions about rights to your work, commissions and payment, people in the frame and shooting in public places.

Sources

  • Russian Civil Code, articles 152.1, 1234, 1235, 1259, 1276
  • Your country's tax authority website (current conditions of tax regimes)

This summary is based on the Russian Civil Code. Article wording changes over time, so check each rule against the official text, check current conditions with your country's tax authority, and take a real dispute to a lawyer. Copyright and image rights differ by country — check your local law or a local lawyer.