Who creates the picture?
If you hire a photographer, please clarify the following legal questions in advance.
Who is pictured?
- Pictures of people may only be distributed or displayed publicly with the permission of the person depicted.
- For minors, this permission must always be obtained from their legal guardian. If persons have joint custody, the consent of all (!) legal guardians must be obtained. Juveniles of 14 years or older must additionally declare their permission.
- Photos of employees also require written permission.
Please note: Permission to take photographs does not automatically imply consent to publication! Taking a photograph of people in a vulnerable position is punishable by law.
Where are the pictures taken?
The creation of pictures in non-public spaces requires the owner´s permission. If you take pictures of buildings or artworks from public spaces, such as streets or squares, the need for permission does not apply („freedom of panorama“). See also the note „film and photo permits“ on the back.
Taking pictures on the job
If you take photographs within the context of your employment or service contract, the employer is generally granted an exclusive and cost-free legal right to use the pictures (§ 43 UrhG).
