Photo Laws & Image Copyright

Photos and imagery are the foundation of emotinally addressing clients and guests. With acquistition and utilisation of such works not only the personal rights and patent rights of the author need to be considered but also provisions from other fields of law. This cross-section is referred to as Photo and Image Law.

For example, in case of picturing a person the right in ones own image in accordance with § 22 KUG (copyright in artworks) needs to be kept in mind. This is a form of personal rights that protects the private sphere of the pictured person. When assessing the question of wheter or not an exemption from this requirement is substantiated according to § 23 I KUG, a critical factor amongst others is wheter the person is an absolute or a relative persona of contemporary history.

When picturing buildings in images § 59 needs to be considered which coins the so-called “freedom of panorama”. In this regard the concept of general accessibility is relevant and also highly disputed.