Categories
property rights social networks авторські права

Nicholas’s photos

Vocabulary

plaintiff, claimant – позивач

claim – позовна заява

proceedings – провадження у справі

Court of Appeal – апеляційний суд

object – заперучувати

application, motion – клопотання

defendant – відповідач

lawsuit – судовий процес, позов, тяжба

court hearing – судове засідання

to take legal action against smb – позиватися про когось

support – підтримувати

Task 1

Put questions reflecting the main conflict between Nickolas and other sides.

On August 9, 2021, at night at about 1:40 am, Mount Etna erupted, accompanied by a loud roar and a fountain of lava. This was followed by a significant emission of ash.

At that time, the famous Ukrainian photographer Nicholas G. E. was in Italy. Nicholas took a series of photographs of the erupting volcano and posted beautiful photos as first-hand-account photos at “Ukrainian vision” – Ukrainian pictures platform. Soon after Nicholas’s posting, the photos went viral.

Unfortunately for Nicholas, someone else copied and posted his pictures on their own Instagram page and claimed ownership.

Soon after, Ukrainian news and photo agency “Trust News” added the images to their photo database, which, in turn, were transmitted to Getty Images and then published in hundreds of newspapers and online sites across the globe.

Credit for the photos went to “Trust News”, Getty and the name of man who first copied Nicholas’s photographs.

Nicholas G. E. took agency “Trust News” and Getty Images to court in Kyiv last month, accusing the agency of “distributing and selling his images without prior permission” in violation of copyright law.

The agency responded by saying that Instagram ‘s Terms and Conditions allow for others to use posted images.

“Trust News” claimed it had “express license to use Nicholas’s images or, alternatively, they were third-party beneficiaries of a license agreement between Nicholas and “Ukrainian vision.”

  1. Answer the following questions:
    1. What is the key problem of the situation?
    2. Who are the parties in context of the situation?
    3. What type of legal relationship arises between the parties?
    4. What normative acts regulate the legal relationship that has arisen?

2. Practical task 2 (at the lesson): to make legal analysis of the situation given you’ll be divided into the following groups:

1) the lawyers – Nickolas’s representatives 2) the prosecutors – representatives of “Trust News” and “Getty Images” 3) the court – judges.

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