Board Legal & Contracts Street Photography
22.03.2020, 11:22   #1
Profilfoto
Holger Förster

Street Photography

Right to One's Own Image
How do you handle image rights when it comes to street or event photography? Do you get permission from everyone featured in your photos? Has anyone had experience with a recent legal dispute on this topic?
31.03.2020, 14:14   #2
Profilfoto
Pic Hunter

Hobbyfotograf

Since I'm not entirely sure what is allowed and what isn't, I always try to depict faces in a way that they can't be recognized.
There are different rules—crowds, like at a stadium, are treated differently than a shot with just three people.
So far, I haven't had the chance to get official confirmation on this.
Some people assume it’ll be fine and just publish these questionable recordings. But by a freak coincidence, it can backfire badly.
Under certain circumstances, it can even get expensive...
07.05.2020, 17:29   #3
Profilfoto
08 16

A highly discussed topic online that you can thoroughly educate yourself about.
In 2018, Mr. W. Rau, legal counsel and president of the German Association for Photography (DVF), commented on the confusion surrounding the "harmonization of European data protection law" in an interview...
https://www.youtube.com/watch?v=5SR5OhGJOYo
Here’s another resource: a concise article that specifically addresses the rights related to photographing individuals.
This entry has already been edited
07.05.2020, 19:00   #4
Profilfoto
Holger Förster

Thank you for the links; they already answer most of the questions. However, photos based on the "freedom of art" under Article 5(3) of the German Basic Law (GG) weren’t addressed (or I might have missed it). When taking a photo for, say, an exhibition, this can often be invoked. In cases of doubt, courts will always weigh on a case-by-case basis whether artistic freedom or an individual’s right to their own image carries more weight. This balance isn’t yet firmly established enough to make reliably predictable judgments. But of course, lawyers want to make a living too.
Also, in my opinion, there’s no mention that a (written) consent under the GDPR can be revoked at any time (!) without giving a reason. The photographer then has to ensure that all publications are deleted. That can get quite interesting as well. (By the way, you can avoid this by using analog photos, since the GDPR doesn’t apply there ;-)#
Overall, it seems to me that the current laws—GDPR, KUG (the German law on portraits), and Article 5(3)—haven’t yet been balanced against each other in court to the extent that an amateur photographer can take pictures of people with sufficient legal certainty.
07.05.2020, 20:27   #5
Profilfoto
08 16

26.05.2020, 11:07   #6
Profilfoto
Alfred Kaipel

Handyknipser

As far as I know, it's generally not a problem to photograph street performers or the like. At least, I’ve never had any issues with that.
At events, photography is usually discouraged, especially during the performance because it can be disruptive. Unless you’re hired or the organizer allows it during the first few minutes of the event—which happens quite often. If it’s not clearly stated, it’s best to ask. Usually, there’s a sign at the entrance indicating whether photography is prohibited or only allowed with permission.
When I simply photograph people on the street because I find them interesting or they fit a photo series I’m working on, I always ask first—especially if children are involved.
As a courtesy, I offer them a free download of their photo from my website. (Of course, that also serves as a bit of self-promotion 🙂 )
You’re allowed to photograph public figures or people of public interest anyway, even if they sometimes object.
Basically, I’ve never had any problems. Being polite and just nice always helps.
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