Malikov E.Yu. Copyrights and the Rights of a Depicted Person: Contradictions of Legal Regulation
Evgeniy Yuryevich Malikov
Candidate of Juridical Sciences, Associate Professor,
Head of Department of Civil Legal Disciplines,
Volgograd Institute for the Humanities
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Gribanova St., 12, 400011 Volgograd, Russian Federation
Abstract. The author studies the problems of legal regulation of relations connected with the implementation of the copyright to a work of art and the rights of the person depicted. The attention is drawn to the incorrectness of the wording of the law on the rights of the person depicted, as well as undue priority of protecting the rights of the person depicted in comparison with the right of the author, which limits the exclusive rights of the author of the work. The author substantiates the necessity of establishing a balance of the mentioned rights and legitimate interests of the author’s works of art, and face images. It is proposed for the relatives of the person depicted to exclude the possibility of withdrawal of consent obtained from the image itself. The author proves the thesis of the synchronization timing of copyright protection and the rights of the person depicted. The conclusion is made on establishing limits for the exercise of the person depicted on the withdrawal of consent regarding the legal nature of the consent of the person depicted on the use of their image. It is proposed to consider such an agreement as a transaction. The author suggests the development trends of legislative regulation in the field of protection of copyright and face images.
Key words: artwork, author’s exclusive rights, person depicted, rights of the person depicted, disclosure of a work, consent of the person depicted, form of consent.
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