Photography permit
Photography permission is the legal permission to reproduce, distribute and publicly reproduce a self-made photo, for example in photo reporting . Unless there is a ban on photography , the permit is subject to different legal requirements depending on the subject - people, animals, third-party property (object photography ).
In the narrower sense, a photography permit , then also called model release or property release , is the consent of a person or the owner of a trademark right to the representation of their person or the protected trademark on an image. The consent should be in writing for reasons of evidence.
A distinction must be made between the photography permit and the copyright protection of the photographer's image rights against the unauthorized use of the photograph made by him by third parties.
Legal basis
Due to the position of ownership, the photographing of an object cannot be prohibited, although ownership is an absolute right ( § 903 BGB). For objects and buildings there is basically no legal counterpart to the right to one's own image , i.e. no right to the image of one's own thing . But industrial property rights to the depicted object such as trademark law or design protection can exclude anyone other than the owner from use ( § 14 MarkenG , § 38 DesignG ).
Taking photos on third-party property and in third-party buildings is subject to house rules in Germany and may be subject to removal and injunctive relief in accordance with § 1004 BGB and justify claims for damages according to § 823 BGB. This applies to material photos that are not permitted within the scope of a panorama freedom without consent and to image recordings for which a foreign property or building has to be entered, e.g. B. a concert or sports hall, a stadium, museum or railway area, schools, universities, hospitals, shopping centers etc.
The owner can agree to certain types of use and the duration of use, for example in reporting, advertising or self-promotion by the photographer. Also for animal photos z. For example, in zoos, dog parks or horse shows, a permit may be required. Churches can assert additional rights within the framework of religious freedom .
Some photo agencies generally require written consent before publishing certain material photos.
Individual evidence
- ↑ People: Christian W. Eggers: Create photo consents for press and public relations in accordance with the GDPR on April 11, 2018.
- ↑ Animals: David Seiler: Do you also need a "model release" for animal photos? February 24, 2018.
- ↑ Foreign property such as buildings or works of art: Martin Schippan: Photos of castles, monasteries and museums - who has which rights? Journal of Foundations and Associations 2011, pp. 210–216; BGH, judgment of September 20, 1974, Az. I ZR 99/73 Schloss Tegel; Markus Ruttig: Federal Court of Justice on the use of images: My castle, my park, my image Legal Tribune Online , December 17, 2010.
- ↑ Dennis Tölle: Legal questions about the model / property release June 16, 2010
- ↑ cf. Udo Branahl: Photo reporting and image protection. In: media law. An introduction. VS Verlag für Sozialwissenschaften, 6th edition 2009, pp. 166–188
- ↑ Florian Wagenknecht: The right to the picture of one's own cause April 16, 2020.
- ↑ in Germany first regulated in 1931 in Deutsche Reichsbahn-Gesellschaft (ed.): Official Gazette of the Reichsbahndirektion Mainz of April 25, 1931, No. 21. Announcement No. 307, p. 151.
- ↑ heise.de : Court: Fotoportal is subject to interferer liability for recordings despite the ban on photos , January 7, 2009
- ↑ Do you also need a “model release” for animal photos? Retrieved May 9, 2018 . , fotorecht.de, August 13, 2008
- ↑ Taking photos of and in buildings. Retrieved May 9, 2018 . , fotorecht.de, January 26, 2004
- ↑ Release obligation at Photostock ( memento of the original from February 19, 2009 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.
- ↑ Release conditions at Panthermedia
- ↑ Requirements including picture examples
