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The performance from year to year

Images of exhibits can be used only for a fee

Objective

The State Tretyakov Gallery, one of the largest art galleries in Russia and in the world, has requested our assistance. The gallery wanted to put a stop to the widespread, unsanctioned use of images of the paintings held in its collection. To achieve this, it was necessary to obtain a court order on the collection of fees for the use of images of paintings from the museum’s collection. Court was considering a case on a collection of a fee for the use of images of the gallery’s exhibits in a theatre performance produced by a film company. The show presented 3D images of the gallery’s paintings without obtaining the gallery’s consent for the filming, or making any payments to the gallery for the use of the materials. 

Resolution

We formulated a relevant position and produced strong arguments backing our claim that a free and unsanctioned use of images of the museum’s exhibits violates the rights not only of the gallery, that acts as a keeper of the exhibits, but also of those who pay fees to watch the gallery’s collection. The courts agreed with our position and obliged the film company to pay to the gallery for the use of its images. 

Result

The courts’ judgment in favor of the The State Tretyakov Gallery put the end to the free use of images of its exhibits. The gallery set a precedent allowing it to claim fees for the use of images of its exhibits. Going forwards, the gallery is planning to start claiming fees from all parties, unlawfully using images of its exhibits, by making reference to this court judgment. 

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