Sascha Hübl is a dedicated kart driver and photographer. In karting, it is mandatory to wear a motorcycle helmet. Many of the kart drivers wear helmets with mirrored or heavily darkened visors. “That’s why I’m unsure whether it’s a violation of privacy if I photograph the drivers without their express permission, there are no facial expressions.”
Answer by Fachanwalt Mathias Straub
Any questions? Redaktion@colorfoto.de
No rule without exception
For kart drivers, the following rules apply to all persons: As long as there is no exception consignment (at the same time), I need the consent of a person to be allowed to photograph them.
Get permission
This is true only if the person is clearly recognizable at all. The recognizability is usually determined by means of the facial features. These are however, in the present case, just disregarded by the helmet and the mirrored or tinted visor. However, in individual cases - due to the labeling of the kart, the helmet or clothing - an identification of the driver could also be possible by other circumstances.
It is sufficient that at least the driver's close circle of acquaintances can close to the person of the driver because of the visible features. It is not necessary that everyone can recognize the driver. A recognizability can also be given if no facial features of the driver are visible. However, in the case of photos by kart drivers, the driver will often not be able to recognize the driver.
Even if the driver is recognizable, there are some exception constellations in which he can be photographed without permission
Photographing can be permitted if the driver is a prominent person (so-called person of the time story). It has to be distinguished, however, whether it is a prominent kart driver or a (for other reasons) celebrities during the karting. The prominent kart driver may be photographed in the course of his activity - karting - since this is the reason for the public reporting on him. This would be different with a famous actor who takes part in a hobby kart tournament in his spare time. Photographing can affect the privacy of the performer and therefore be offensive.
Non-protagonists may also be photographed if the photo is produced at a public event and the person depicted does not point out the anonymous environment in an eye-catching manner. The photograph must be arranged as a copy of the entire event, not as a portrait of a single person or several individuals. However, since the photographs are intended to be taken by the individual drivers, this exception constellation is rather remote.
Finally, it is permissible to depict humans, if these are only to be seen as a so-called accessory beside the actual motive of the picture. However, this is also quite remote in the production of photographs by individual cart drivers.
FAQ: Copyright of sporting events - are logos a problem?
If there is no recognizability, there is no problem. If, however, the driver is recognizable - and not by accident - prominent, such photos can not be shot without his permission. This assessment is based on the information available to me. For a concrete evaluation of your individual case, an examination of the whole situation would have to take place.
No comments:
Post a Comment