3 ms·
Edited to preface: I'm not a lawyer, I'm mostly paraphrasing and translating the source below. There are three cases where you can publish[1] a photo without c
by morsch 5y ago
Edited to preface: I'm not a lawyer, I'm mostly paraphrasing and translating the source below.
There are three cases where you can publish[1] a photo without consent:
- Person of special public interest (literally: person of contemporary history, this is an idiomatic term and sounds less strange in German), which means you can take a picture of a politician holding a speech or an artist doing a public performance or a CEO addressing employees. Important exception for professionals, but there are various rules one needs to be aware of, for instance you probably cannot take a photo of the same CEO buying new shoes or eating dinner at a restaurant.
- The photograph does not primarily depict the person. Your landscape photo would be fine, for example, and your street scene may or may not be. Apparently the test criterion is: is the picture materially changed if the person is removed? So a photo of a beach landscape is permissible, but not so much if there's people bathing in the foreground.
- The photo is of a public gathering: a public concert, a political rally, though this only applies if it's a photo of the gathering as a whole, and not specifically an individual in it.
So, yes, in the end it is a bit of a case of "I can't define it, but I know it when I see it". In practice, you just err on the side of caution, and it works out fine. E.g. I don't really worry about if when I take a photo of a friend outside and there's a few people in the background (due to rule #2).
Source (German): https://www.medienrecht-urheberrecht.de/fotorecht-bildrecht/158-recht-am-eigenen-bild-personenfoto.html https://www.medienrecht-urheberrecht.de/fotorecht-bildrecht/...
[1] I'm not sure how the law handles the case of merely taking a photo and never publishing it, nor what exactly constitutes publishing, e.g. presumably showing holiday snaps at a family gathering does not constitute publishing
- interactivecode 5y agopublishing usualy mean "making public" so showing photos in a private context is obviously not public.
- morsch 5y agoThat obviously makes sense to me, but IANAL, so I'll refrain from making any definitive judgement. A huge percentage of pictures are immediately shared with a third party (by being uploaded to the cloud). Beyond that, while the rules outlined above deal with publishing, there are also rules for merely taking pictures. The exact rules for that aren't 100% clear to me[1], but if it's permissible to publish them, it must also be permissible to take the photo in the first place. [1] https://de.wikipedia.org/wiki/Recht_am_eigenen_Bild_(Deutschland)#(Blo%C3%9Fes)_Erstellen_von_Bildern https://de.wikipedia.org/wiki/Recht_am_eigenen_Bild_(Deutsch... it seems complicated