Resolution of the Supreme Court of Ukraine of 24 November 2010 (Ukraine)

Category: Copyright law and internet

This case is about protection of copyright in photographic works.
A photo artist organized an exhibition of her photographic works in the city of Kiev. Some participants take photos at the exhibitions. Afterwards, some photos taken at the exhibition, including those depicting pictures of the artist, were offered for sale on the website of one of specilized photo agencies.
The artist filed a case in Shevchenkovsky district court of the city of Kiev. Defendants were an individual who had taken photos at the exhibition and the company offering photos for sale after the exhibition. Both the trial court and the court of appeal rejected the case. The Supreme Court of Ukraine had reversed the lower courts' rulings remanding the case for new review as it concluded the lower courts had made premature conclusions about absence of infringements of copyright of the artist.
Decision of the Supreme Court of Ukraine of 24 November 2010: