Blogger Fails in Copyright Suit against BT

05.09.2016 Source: According to Nasha Niva, BAJ translation

On September 5, judge of the Supreme Court Viktar Koushun dismissed the lawsuit of blogger Anton Motolko against the Belarusian TV and Radio Company (BT).


The judge ruled that the photos of Polar shining taken by the blogger were not a result of creativity, so they were not protected by copyright. BT representatives were absent from court when the judge’s decision was announced.

The photo of Polar shining was taken in Belarus in 2015 and published on Anton Motolko’s website and blog. The BT broadcast two mentioned photos without the consent of the author. The blogger demanded apologies from the company for breach of copyright. Anton Motolko argued that he had been offended by the connotation of the program in which his photos had been demonstrated: his photos were used for propaganda of state symbolic. Moreover, the fact that his photos had been used by the channel caused him moral suffering.

Initially, the plaintiff demanded royalties and moral damage compensation, but then said that apologies alone would be enough.

The court appointed an expert examination which was carried out by Andrei Chuprynski, head of the Department of Cinematography of the Belarusian Academy of Art. The expert concluded that the photos were not creative, and the expert conclusion served as a basis for the judge’s decision.

The blogger now has to pay for the expert examination 89.40 BYN. The court decision came into legal force and cannot be appealed against.

Blogger Sues BT for Infringement of Copyright