In April 2020, Lyudmila Ignatenko, the wife of the deceased firefighter-liquidator of the Chernobyl accident filed a lawsuit against Home Box Office, Inc. (HBO) filed a lawsuit stating that the broadcaster did not seek permission to use her name and that of her husband in the series.
Lyudmila Ignatenko and her dead husband Vasyl Ignatenko are depicted as characters (actors) of the series using their names.
The plaintiff noted that the name of an individual can be used in any works (except works of a documentary nature) only with the consent of the individual-bearer of the corresponding name, and after his death – only with the consent of the closest relatives in order of priority. She did not consent to the use of her husband’s name as a character in the series.
As a result of the production and distribution (demonstration) on the territory of Ukraine of the mentioned series, her personal non-property right to use the name, as well as the name of her deceased husband, was violated. Such illegal actions caused her considerable mental suffering.
After consideration of the case in lower courts, the Supreme Court of Ukraine made a decision in this case and expressed the position that the use of the name of an individual without his permission in a work that covers not only objective events but also includes the conjecture of the authors, is illegal and may indicate a violation of the personal non-property right of such a person to use his own name.
The fact that the series is based on real events does not negate the inaccuracy and falsehood of the scenes in which the plaintiff and her husband are shown, to which they did not give their consent. The series is not an accurate documentary reflection of life and historical events.
In such a case, an individual has the right to demand the cessation of the violation of his rights and compensation for moral damage. The basis for the protection of such a violated right is the very fact of using the name of an individual, regardless of the nature of the information about the person disseminated at the same time.
Lyudmila Ignatenko could not transfer Home Box Office, Inc. the right to use the name of the plaintiff and her deceased husband, since she did not conclude any contracts with her on the use of her name and the name of her deceased husband, therefore she did not have the right to give the appropriate consent to use the names of the plaintiff and her deceased husband.
Taking into account the above, the Supreme Court annulled the decision of the Court of Appeal and referred the case to the Court of Appeal for a new consideration.