LEGAL ASPECTS OF CITING OF THE PHOTOGRAPHIC WORK: EXPERIENCE OF RUSSIA AND FRANCE

In article questions of legitimacy of citing the photographic work within free use of subjects of copyright are considered. The French and Russian judicial practice in this sphere is analyzed. The position of the French court concerning impossibility to recognize as the quote cases of use of the work in full, irrespective of its format is assessed positively. It is offered to consider photographic works as the independent subjects of copyright keeping the independence when using as a part of other work. However, the photo accompanied by the text, it is necessary to estimate as the uniform work and when citing to proceed from a concept of a difficult object without allocation of separate parts that results in impossibility of citing separately the photo or only the text. The approach to restriction of use of the photo as the quote with inadmissibility of distortion of a plan of her author developed by the French vessels can be apprehended by the Russian judicial practice. As well as the requirement of integration of the quote in the work reproducing it and its validity and minority in relation to this work.

фотографическое произведение, цитирование, свободное использование, исключительное право, автор, сложный объект, воспроизведение