The right to a name

The use of an individual's name by other persons in works of art has a direct impact on people's lives. That is why the Civil Code of Ukraine provides certain restrictions:

  • the use of the name of an individual as a character in literary and other works (except for works of a documentary nature) is allowed only with his consent, and after his death - with the consent of his close relatives.

Therefore, it is illegal to use the name of any individual without his permission. In this case, an individual has the right to demand that the violation of his rights will be stopped and to recover moral damage in court. However, there are exceptions to every rule.

Anastasia Kazankina, lawyer of Doubinsky & Osharova, commented on what circumstances should be subject to proof in that kind of court cases, as well as on the issue that usually arises in such disputes, namely recognizing the information spread in a work of art to be false or misleading.

See also