Court orders Oleg Fomin to pay 40,000 rubles penalty for use of PenzaNews photos
Penza, 12 December 2016. PenzaNews. The arbitration court of the Penza region decided to exact from LLC “Penza-Vzglyad”, incorporated by the ex-deputy of the city Duma Oleg Fomin, who is associated with a number of the transportation companies “Dilizhans”, 40,000 rubles of compensation for the illegal use of PenzaNews photographs in favour of LLC VolgaInterMedia. The resolution part was announced by the judge Zoya Pavlova during the session, which took place on Monday, December 12.
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The claimant representative asked to satisfy the plaintiff's claim equal to 70,000 rubles regarding all seven photos. The defendant, in his turn, stated that he admits the illegal use of only one photo, the one that depicts the ex-deputy of the Legislative Assembly of the Penza region Andrey Zuev. According to him, three photos have references to the rightholder, and another one that was used three times in different sources, was taken from the website of the Penza region government.
The representative of the state power executive body who was present at the session said that the webpage of the official portal did use the disputable photo but the reference to PenzaNews was added only on October 13, 2016.
Laying before the court, the claimant’s lawyer pointed to the fact that the references to some of the photos, which the defender used on his website, were made incorrectly, and, at the same time, “PenzaNews” trademark, that is the information about the rightholder, was removed from some of the photos, and this is the law violation.
Finally, Zoya Pavlova passed the judgement to answer the claim partially, rejecting only one photo that was initially posted on the website of the Penza region government without the reference to the true rightholder and that was used by the defender providing the reference to the state body portal.
It is expected that the full text of the court’s decision will be prepared within five days. During a month, the parties have the right to file an appeal to the Samara 11th arbitration court of appeal.
The claimant plans to lodge a legal application on the exaction from the defendant of the incurred expenses after the passed judgement comes into effect.