Protection of one's own image under Russian law and court practice

Abstract

A self-standing right to one's own image was introduced into the Civil Code of Russia in the form of Article 152.1 that came into force on 21 December 2006. The highest courts in Russia interpret legal provisions in order to help lower courts apply the law in a unified manner. Such clarifications are of great importance, although they are not deemed to be binding precedents under Russian law. In respect of the right to one's own image, the most important document clarifying Article 152.1 is the Resolution of the Plenum of the Supreme Court of the Russian Federation ‘On the Application by Courts of Certain Provisions of Section I of Part One of the Civil Code of the Russian Federation’ of 23 June 2015 N 25, namely Clauses 43 to 49 (‘Resolution’). In fact, decisions of lower courts are also taken into account. We will refer to some of them in order to give examples of court practice in the field of image right protection.