Portrait rights (Copyright Act), general right of personality and Press

The right to one's image

Where is the portrait rights regulated?

In “Law(this is) relating to the copyright in works of fine arts and photography” (Copyright Act) from 1907, as a general right, criminally in § 202a of the Criminal Code, as well as some in data protection legislation.

What is protected?

The right of personal portrayal protects photographs or records from access by other. That § 22 Copyright Act allowed only with the consent of the depicted images published or publicly displayed. The consent is in doubt as granted, if the person portrayed this, that he allowed himself to reflect, received a reward. After the death of the person depicted is required to expiration of 10 Years, the consent of the members of the depicted. Members under this Act, the surviving spouse and children of the person depicted, and if neither a spouse nor children are present, the parents of the depicted.

The production of portraits is not therefore recognized immediately, but certainly their distribution and public display. Unlike in copyright also just not the photo is protected as such, but the Sample.

When consent is not required?

Without the by § 22 required consent may be components manufactured in compliance § 23 Copyright Act will be distributed and put on display: Images from the areas of History; Pictures, the people who appear on only as an accessory in addition to a landscape or other location; Pictures of meetings, And similar events, which were attended by the persons shown; Portraits, are not made to order, if the distribution or ostentation serves a higher interest of art. However, the authority does not extend to the spread and ostentation, through a legitimate interest of the person portrayed or, if he has died, his family is hurt.

That § 23 may at “Persons of contemporary history” Photos- and filming without their consent be distributed as part of the general right of personality.

Allowed is a photocopy of people as accessories in addition to a landscape or location. In cases of doubt weighed against the right of the public to information and the right to private portrait protection.

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