CrimeaPRESS reports:
E-commerce has become the most popular way to sell and buy goods. In 2024, 2.71 billion people made purchases online, and in 2025, this number is expected to grow to 2.77 billion. Such a number of buyers attracts many sellers to marketplaces. But not everything is so smooth in the relations between sellers and marketplaces.
As the popularity of e-commerce increases, so do the problems. Conflict situations arise both between sellers themselves and between sellers and marketplaces. One of the most frequent conflicts is the illegal use of product photos from competitors’ cards. In other words, related to copyright infringement.
Copyright protection of photographs
The debate over the protection of copyright in photographs is becoming increasingly relevant due to the placement of photographs in product cards. An attractive product card with professional photographs is one of the reliable ways to attract buyers. However, some sellers use other people’s photographs in bad faith.
According to the Law of the Republic of Belarus «On Copyright and Related Rights», a similar approach has been formed in the Russian Federation, photographic works are objects of copyright. Copyright arises at the moment of creation of the work and does not require compliance with formalities. The author has the right to use his photographs and prohibit their use by other persons. Liability is provided for illegal use, including compensation for damages and compensation.
Example from practice
The author of the photographs, citizen K., transferred the rights to his photographs to OOO F. (Plaintiff). The Plaintiff discovered that IP A. (Defendant) was using these photographs on the Wildberries marketplace page. Since there was no permission to use the photographs, the Plaintiff filed a claim for compensation. The Defendant refused to satisfy the demands, and the Plaintiff went to court.
The court confirmed that the photographs belonged to the Author, but reduced the amount of compensation, and recognized the Defendant’s actions as a single violation aimed at achieving one economic goal — posting the photograph on the Internet. The decision was appealed by the Plaintiff, but remained unchanged.
Conclusions and recommendations
1. Authorship verification: the fact that photographs are created automatically confirms the copyright. To protect rights, the author should save the original files, use authorship marks and store the photographs in photo banks.
2. Recording violations: it is important to immediately record the fact of the violation copyrightThis can be done using screenshots or a notary who will draw up a protocol for inspecting the Internet page.
3. Methods of protection: the legislation provides for the recovery of damages, payment of compensation. The court determines the amount of compensation taking into account the nature and extent of the violation. In addition, it is possible to prohibit the posting of other people’s photos, demand payment of a fine.
To receive qualified assistance in resolving disputes with marketplaces and protecting intellectual property, it is worth contacting specialists in the legal protection of sellers’ rights on marketplaces.
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