Date: 6 months ago   Category: IT & Media

Kashpirovsky lost the suit with Channel One because of a collage with a cat — Rambler News Service


The Moscow City Court upheld the decision on a rejection of requirements of the psychotherapist Anatoly Kashpirovsky to collect from Channel One of 500 thousand rubles for a collage with a cat in the Evening Urgant program. About it the correspondent of RNS from the courtroom tells. "The decision of Ostankino district court of the city of Moscow of September 13, 2018 to leave without change. The appeal of the representative of Kashpirovsky by proxy Galkovskaya - without satisfaction" — was decided by the judge Natalya Vishnyakova. At a meeting Kashpirovsky's lawyer declared subfalsehood of the proof which was used by Channel One in court of first instance, saying that the shot of the Alone with All program with Anatoly Kashpirovsky which was made by TV channel in 2014 became material for a disputable collage. On the judge's question, what proof the claimant asks to recognize as false, Kashpirovsky's lawyer Tatyana Galkovskaya answered: "the proof - consent to shooting of the telecast "Alone with All" which was presented by the defendant's representative and on the basis of it the judgment was made". "On subfalsehood, honestly, I do not understand on what bases it is considered false" — the representative of Channel One objected. Also, according to Galkovskaya, the TV channel used the photo which is the intellectual property of an image bank therefore the company violated not only Kashpirovsky's rights for the image, but also copyright of an image bank. "If someone considers himself the owner and considers that we violated his rights, he has the right to leave with the independent claim in court, now he at all not the participant of the current process" — commented on this statement the representative of TV channel. He emphasized that the TV channel has all copyright of content of that transfer which was made by TV channel. "During hearing of the case in court of first instance we asked the defendant about the purpose of citing, use of this image on what we received the answer — for creation of a sneer, for laughter creation. The legislator did not provide use of the image of the citizen for mockery, for gloating over the person, over his personality. This mockery, it belittles honor and dignity of the person", - Kashpirovsky's representative said in court. The lawyer of Channel One objected that he did not use such words as "sneer", "laughter", using expressions "joke", "caricature". The psychotherapist Anatoly Kashpirovsky submitted a claim against Channel One at the beginning of last year, having demanded to exact half a million rubles. Its claims were caused that in one of programs of the show "Evening Urgant" the TV host Ivan Urgant showed to TV viewers a comic collage where the portrait of the claimant was imposed on the photo of a cat whom before users of network called "cat-ekstrassensom". Originally the claimant demanded to protect his business reputation, but further Kashpirovsky changed claim requirements, having replaced the requirement about protection of business reputation of the requirement about protection of the rights for the image, RNS in August reported the source familiar with the claim course. In се

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