Questions
Frequently asked questions
Here are short answers to what authors ask most often: who owns the work, how to run a commission and when you need consent from people in a photo. If a question concerns your real dispute, the answer below is only a pointer. Rules differ by country, so check your local law or a local lawyer.
A short answer sets the direction. The details are decided by the documents and the circumstances of the specific case.
Rights to your work
From what moment do I have rights to a photo?
From the moment the work is created. Article 1259 point 4 of the Russian Civil Code requires no registration or any other formalities for copyright to arise and be protected.
How does a licence differ from an assignment?
Under a licence, you allow the work to be used within agreed limits and remain the rights holder. Under an assignment, the exclusive right passes to the acquirer in full. Both agreements must be in writing.
Can I sell the same photo to several buyers?
It depends on what you have already transferred. If the right has been assigned, the new rights holder controls the photo. If you granted a licence, check whether it forbids you from licensing the work to others.
Do I need to put a copyright symbol on a photo?
It is not required for the right to arise. A credit on the image can remind people who the author is, but original files are more reliable proof of authorship.
Commissions and payment
Do I really need a contract for a small shoot?
The Code requires licences and assignments of rights to be in writing. And the commission itself is easier to manage with a document listing the brief, deadlines and payment terms.
How do I agree on an advance?
Tie payment stages to clear events, such as booking the date and delivering the files, and write in the contract what happens to the advance if the shoot is rescheduled or cancelled.
Which tax regime should I choose?
There is no universal answer. Choose a suitable regime and check current conditions with your country's tax authority; if in doubt, consult a specialist.
Do I have to hand over the originals?
Only if this was agreed. State in the contract whether unprocessed files are handed over and how long you keep the archive after delivery.
People and places
Do I need consent for a commissioned portrait?
As a general rule, a person's image may be published and used only with their consent. If the person posed for payment, that is one of the exceptions in article 152.1, but it is better to put the terms in writing.
Can I publish photos from a concert?
Images taken at public events may be used without consent if the person is not the main subject of the use. The rules for photography at the event are still set by the organiser.
Can I photograph sculptures and murals in the street?
Article 1276 point 1 of the Russian Civil Code allows this for works permanently located in a public place, except when the work is the main subject of the use or the photo is used for profit.
What if someone photographed me without asking?
Compare the situation with the exceptions in article 152.1 of the Russian Civil Code. If none applies, ask the publisher to remove the photo, and if they refuse, turn to a lawyer.
Related sections
- 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.
- Examples
Hypothetical situations from creative practice: a client wants all rights, a photo turns up on someone else's site, a person in the frame objects.
- Basics
How copyright arises, how a licence differs from an assignment, when you need consent from a person in the frame, and what you can shoot in the street.
- Glossary
Key terms: copyright and exclusive right, licence, assignment, rights holder, making public, free use, original file and acceptance certificate.
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.