You were walking down the street, and there was filming nearby. Or perhaps a reporter jumped up to you and asked you to answer a few questions in front of a microphone and a camera. And a month later, you saw yourself in a commercial, although you did not give consent to this and did not receive a fee. What to do?
Instructions
Step 1
Do not sue the TV channel where you saw the ad, and not the advertising agency that produced it, but the advertiser - the company that sells the advertised product or provides the advertised service. It is the advertiser who is responsible for the content of their advertisements.
Step 2
If your face just flashed in the advertisement, while you did not have to play a role in front of the camera, give an interview or just say anything, try to bring the advertiser to justice under Article 152.1 of the Civil Code of the Russian Federation. It states that the use of the image of a citizen without his consent is allowed only if it is "carried out in the state, public or other public interests", or if "the citizen posed for a fee." Please note, however, that if you walked past the shooting location and you were shown standing in the crowd, then your image is shown legitimately, because if it was "obtained during the shooting, which is held in places open to the public, or at public events" it can also be used without permission. But if you were shown close-up, then the last rule ceases to apply, because in this case the image is "the main object of use", and your permission is necessary. Under article 152.1 of the Civil Code of the Russian Federation, an advertiser can only be brought to civil liability, since administrative and criminal liability for the unlawful use of a citizen's image is not provided.
Step 3
If you have performed in front of a microphone and camera, doing what the director said, answering questions or delivering a prepared speech, you have the right to perform, which is a kind of related right. If you wish, try, of your choice, to bring the advertiser to one of three types of liability: civil, administrative (article 7.12 of the Code of Administrative Offenses) or criminal (article 146 of the Criminal Code). The third type of liability occurs only if the damage caused to you has exceeded 50 thousand rubles (and after the adoption of Article 146 in the new edition, this bar will increase to 250 thousand rubles).
Step 4
Do not sign any papers after filming without reading them. Perhaps this is the very agreement that, according to the rules in force since 2008, provides for the payment of remuneration to you only if it “does not specify otherwise”. After you sign the contract, which provides for your free participation in the filming, you will no longer be able to sue the advertiser.
Step 5
Please note that if you decide to start a civil case, if you lose, you will be forced to pay the legal costs. Therefore, do not try to bring the advertiser to civil liability without full confidence that you can win the court. In all cases, before suing the advertiser, try first to agree with him out of court - perhaps he will agree to remove your image or performance from advertising, or conclude a paid contract with you. Also, consider whether it is worth trying to fight the advertiser at all. Maybe it's better to be glad that the whole country saw you? In addition, if in the future you wish to film somewhere, you can indicate in the questionnaire that you already have experience in filming.
