Right to your own picture
The right to one's own image or portrait is a special form of the general right of personality . It says that every person can basically decide for themselves whether and in what context pictures of them are published. In the Anglo-American area, the right to one's own image is much more flexible than in the German legal area.
Country-specific details
See also
- Portrait (right)
- Violation of the very personal sphere of life through picture taking
- Postmortem personal rights
- Model contract
- Admissibility of statements in the reporting
- Right to the picture of one's own cause
- Anonymization and pseudonymization
literature
- Thomas Haug: Photo coverage of celebrities. With special consideration of the admissibility of the judicial assessment of the informational value of media reports. Nomos, Baden-Baden 2011, ISBN 978-3-8329-6528-0 .
- Thomas Haug: Groundbreaking judgments of the ECHR on press law. Final defeat for Princess Caroline. In: Kommunikation & Recht , No. 3/2012, p. 1 (online) .
- Hugo Keyßner: The right to one's own image. Guttentag, Berlin 1896 ( digitized ).
- Alexander Metz: The right of celebrities to their own picture in collision with third-party interests. Especially against the background of the Caroline von Hannover case. Lang, Frankfurt am Main 2008, ISBN 978-3-631-57604-5 (also dissertation, University of Cologne 2007).
- Katrin Neukamm: Protection of portraits in Europe. At the same time a contribution to the importance of the constitutional traditions of the EU member states and the ECHR for the interpretation of the Union's fundamental rights. Duncker & Humblot, Berlin 2007, ISBN 978-3-428-12587-6 (also dissertation at the University of Münster 2006/2007).
- Sybille Neumann-Klang: The right to one's own image from a comparative law perspective. Peter Lang, Frankfurt 1999, ISBN 978-3-631-34305-0 .
- Bataa Temuulen: The right to one's own image. Legal historical development, protected interests, legal character and legal protection. Kovač , Hamburg 2006, ISBN 978-3-8300-2354-8 (also dissertation at the University of Bayreuth 2006).
- Endress Wanckel: Photo and image rights . 5th edition. Beck, Munich 2017, ISBN 978-3-406-71222-7 .
- Florian Wagenknecht, Dennis Tölle: Right on the picture . Guide to photo rights for photographers and creatives. dpunkt , Bonn 2012, ISBN 978-3-86490-010-5 .
Web links
- Publication of mass recordings (disco photos) only with the consent of those depicted, if they are recognizable, verdict of the Ingolstadt District Court, February 3, 2009 - commented presentation on presserecht-aktuell.de; full wording of the judgment Az .: 10 C 2700/08 , both accessed on June 23, 2011
- Photo of a celebrity at a private gallery opening, wording of the judgment of the LG Berlin from September 11, 2008 - accessed on June 23, 2011
- The right to one's own picture, photoscala editorial team, April 4, 2009 - Information for Photographers, photoscala.de (International Magazine for Photography), accessed on June 23, 2011
- Photography prohibited, photoscala editorial team, April 22, 2009 - Information for photographers, photoscala.de (International Magazine for Photography), accessed on June 23, 2011
- "May I, may I not?" - An interview with lawyer Philipp Dorowski about taking photos on the street, February 24, 2009 - a legal consideration of the right to one's own image, accessed on June 23, 2011
- A legal commentary on the right to one's own image and the right to one's own cause , accessed on June 23, 2011
- § 201a StGB Unauthorized Image Recordings - Computer & Media Offenses Commentary (CuMK), Alexander Schultz, January 1, 2004 - Commentary on Article 201a StGB, accessed on June 23, 2011
- ECHR: Chamber Judgment in the Case of Von Hannover v. Germany, Sept. 24, 2004, Appl. 59320/00 - full text of the judgment, accessed June 23, 2011
- Criminal liability for unauthorized image recordings, on § 201a StGB - from the 25th activity report 2004 of the State Commissioner for Data Protection Baden-Württemberg, accessed on June 23, 2011
- Individual problems of the criminal offense of "violation of the highly personal area of life by taking pictures" ( § 201a StGB ), Matthias Rahmlow, in HRRS, 3/2005, p. 84ff - explanations and comments on § 201a StGB, accessed on June 23, 2011
- Right to your own picture, passers-by on the street, c't 20/2010 and external images, community photos in web atlases, c't 9/2010 - right to your own picture in connection with online map services, both accessed on 23. June 2011
- Protection of privacy (right to one's own picture § 78 UrhG / Austria) - Explanation of copyright law in Austria with an extensive collection of judgments of the Supreme Court, accessed on June 23, 2011
Individual evidence
- ↑ See for example WIPO from the perspective of the United Nations
