The Act on Copyright on Works of the Fine Arts and Photography (KunstUrhG) contains some rules on what you can photograph or film and what you have to observe during the publication. The principle is that pictures or films may only be disseminated or published with the consent of the person depicted. The consent to publication is generally deemed to have been given if the person who has been shown receives a fee.
Sensitive penalties
Many events are usually photographed. One can start from a so-called implicit or tacitly consent to take pictures and even to publish the photos. However, you have to be cautious, too, for example, if someone is embarrassed to see embarrassing situations on the Internet. Then the persons concerned have the right to demand the deletion of the photos.
You can take pictures and publish them here
According to KunstUrhG, pictures from the area of the history of the time or recordings of congregations, parades and similar events, in which the persons represented have taken part. But also by means of images which are in principle permissible, a legitimate interest of the person depicted or, if the latter is deceased, of his family, must not be infringed.
The KunstUrhG contains a criminal offense for illicitly published pictures, namely imprisonment up to one year or a fine. The act is only pursued on request. The right to compensation for material damage is the responsibility of the bearer of personality right, irrespective of the severity of the infringement. A monetary compensation to compensate for the non-material damage requires a serious infringement (Landgericht Memmingen, judgment 12 S 796/10 of 4 May 2011)
The following list shows you what you can shoot safely (Pro) or where you better turn the lens away (Contra)
On the following pages, we highlight individual cases in detail.
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