LEGAL GROUNDS FOR ACQUIRING RIGHTS TO PHOTOGRAPHIC WORKS AND PECULIARITIES OF THEIR EXERCISE

Abstract

The article examines the legal grounds for acquiring rights to photographic works, which is a topical issue due to the ease of dissemination of photographs in the information space, especially in social media. Such dissemination leads to an increase in cases of misuse of photographic works, which, in turn, violates copyright. Considerable attention is paid to the subjects of relations related to the creation and use of photographic works, as well as their copyright. Copyright in a photographic work arises from the author immediately after pressing the shutter button on the camera. In order to avoid disputes, the article recommends using practical advice: publish a photographic work not in full, which will allow the author to keep the proof in the form of the original. This is important to protect your rights in case of unlawful use of the work. In addition, the article examines the grounds for the right to co-authorship in the case of joint creative activity, when copyright belongs to several authors. The author outlines the grounds for protection of their rights by a photographer and other participants in the creation of a photographic work. It is noted that coauthorship is established on the basis of the result obtained, not the process of work. This is an important distinction that helps to determine the ownership of rights to the final product, and not just to the stages of its creation. Once a joint photographic work has been created, it is recommended that its co-authors - photographer, model, director, etc. - enter into an agreement to facilitate the further use of the work. This will help to avoid possible conflicts and ensure a fair distribution of rights and obligations between all participants in the process of creating a photographic work. The agreement may contain provisions on profit distribution, determination of rights to publish and use the work, as well as rules for resolving possible disputes. Thus, the article provides a comprehensive overview of the legal aspects related to the creation and use of photographic works, emphasising the importance of legal awareness and protection measures for all participants in the creative process.