Designer Artemy Lebedev filed in the District Court of Moscow Savelovsky lawsuit against the Mail.Ru Group and Internet portal "Omskinform", accusing them of copyright infringement on the photo. Designer asks to recover from both defendants 1 million rubles (500 thousand. Each).
- Consideration of the claim is scheduled for December 24 - he told the press-secretary of the district court Savelovsky Alexander Volkov.
The petition Lebedev noted that the August 5, 2013 at Mail.Ru website has posted an article "While Omsk celebrated the Day of the City, there were 13 major accident", reprinted from the website "Omskinform". In Mail.Ru material as the primary source, used to illustrate the picture with the image of the road stands the "Caution" sign and the words "Making an accident." By the conviction of Lebedev, the copyright on the image belong to him. Considering their rights have been violated, he sent a letter in Mail.Ru Group. Not waiting for an answer, a designer sued.
At Mail.Ru Group said they did not agree with the prosecution.
- The photo was provided by an information partner, and we immediately removed after Postuption treatment, - explained in the press-service of the company. - It is reported by the claimant under the pre-trial communication, including suggested to resolve issues directly with information partner.
In "Omskinform" could not provide comment on the suit. Get a comment from Lebedev failed.
Independent Expert in the field of telecommunications law Anton Bogatov noted that the trial could take place, even if the picture was removed from the site Mail.Ru. It is possible, if the plaintiff has a notarization of the page in violation of copyright or testimony.
Photography, because of which Artemy Lebedev appealed to the court, it was made in Vladivostok in August 2008 and published on his personal website designer tema.ru. The picture was accompanied by the author's comments: "All ingenious is simple. Why not use the symbol "Making an accident" in all of our cities? ".
Photo liking to many media, which began to use this image to illustrate the news about the accident. According to Google's search data, this picture is replicated Bolee than 700 sites. In many cases, Artemy Lebedev is not listed as an author.
- Delete photo, Mail.Ru Group actually recognized the fact of infringement, - the rich notes.
- But a million in this case - is too large sum, - said director general of the legal company "Zuikov and Partners" Sergei Zuikov. - I think that Lebedev could count on 50 thousand rubles.. If only the picture itself sold, for example, as a label, then we can talk about more compensation. The main problem is to prove that the photo was taken exactly Lebedev. The court will need to show either a camera with image memory, or negative film or the original picture, which will be on the number of pixels more than the copy on the respondents websites.
Lebedev sues are often, but not always successfully. So, in October Presnensky court of Moscow has refused to collect from the NTV channel 2 a penny in favor of the designer suit last on protection of honor and dignity. Lebedev appealed to the district court in September with a lawsuit to NTV - in it he demanded to refute the allegation that he called a war veteranin shorts in his article in the "Live Journal" "City coward" for Brest, and demanded that NTV apology and compensation for moral damage - 2 pennies.