It is known that copyright (clause 3 of Article 1259 of the Civil Code of the Russian Federation) protects works that are a set of ideas, thoughts, images resulting from the creative activity of the author, which are expressed in specific forms accessible to human perception and presented in objective form - on video, paper or in a digital image. In this case, the author of the work acquires personal non-property rights (the right of authorship, the right to a name, the right to inviolability and to publish the work, which are inalienable and assigned to the author) and an exclusive (property) right, which allows the author to dispose of his work at his own discretion - to sell, show at exhibitions, process, etc.
In the beauty industry, the market for cosmetic products and services is diverse and continues to spread widely in many directions (beauty salons, medical centers, tattoo and piercing studios, solariums, manicure, massage and SPA salons, etc.). Their competitiveness depends on the uniqueness of the developed methods offered to clients.
Author's techniques in the beauty industry play an important role for business development. This area is constantly updated with innovative methods and technologies, accompanied by the release of numerous video courses, online applications with recommendations for skin care, hair care, books with consultations from experienced makeup artists and other products with advice for clients and proposals for training specialized specialists. Such material, being the result of the creative activity of the authors, urgently needs protection from copying and illegal use by competitors.
For example, makeup, being an image on the skin of a person’s face, is also considered a protected work according to Part IV of the Civil Code of the Russian Federation and is subject to protection in the event of its unauthorized use. As an example, we can cite the case of a legal dispute between the brand of Hollywood diva Kylie Jenner and Ukrainian makeup artist Vlada Haggerty. K. Jenner, when launching her advertising campaign, copied the work of V. Haggerty - a face with bright lip makeup, covered with hands sprinkled with gold shadows. A pre-trial agreement was concluded between them, as a result of which K. Jenner indicated the authorship of the idea and paid V. Haggerty a fine for the illegal use of her material.
That is, copyright infringement in the beauty industry can lead to unpleasant consequences: from claims and litigation to significant financial losses, and therefore requires protection. As practice has shown, the results of creative activity in the beauty industry can also be recognized as a work of fine art (for example, makeup) or a literary work (instructions or descriptions of methods for applying makeup or original hair styling with photographs in the form of printed materials or an electronic version on the company’s website).
However, in order for an author to qualify for legal protection, his creation must have an individual character, fulfill the condition of novelty and be expressed in an objective form - only in this case can it be classified as an object of copyright.
In the event of legal disputes, it is important to have documents confirming authorship, which can be achieved, for example, for makeup artists by recording different stages of their work in photos or videos and then sending the material to their postal address.
Also, when publishing photos with the results of your work on the Internet, you must indicate your real name and use watermarks with the author’s name and/or his logo. In this case, their illegal copying and use may be significantly difficult.
It should not be forgotten that the use of other people's photographs without the permission of the author is regulated by the Civil Code of the Russian Federation, Articles 1229 of the Civil Code of the Russian Federation (establishes the exclusive rights of the author to his work), 152.1 of the Civil Code of the Russian Federation (regulates the use of images of citizens, requiring their consent to publication), 1252 of the Civil Code of the Russian Federation (determines possible measures for protecting copyrights, including the collection of compensation for violation).
In other words, copyright infringement for legal entities threatens with significant fines and reputational losses, and for individuals - legal costs and the obligation to pay compensation to the author.
It is much easier in court to prove your authorship with the help of a certificate of images or text deposited in the n’RIS online service, containing all stages of the work and confirming the ownership of a specific work on a certain date and time, which allows you to establish time priority.
In conclusion, I would like to add that the beauty industry, like any other business, is closely associated with certain legal risks, and therefore requires the involvement of specialized specialists to solve all legal problems, since copyright infringement in this area can lead to unpleasant consequences - from claims and litigation to significant financial losses.
