The Law on the Right to Publish Films and Images of People in Europe, especially in German-speaking countries, encompasses various intricate details, and many wonder under what conditions they are permitted to publish or retain pictures or videos of individuals.
⚠️ In most countries, the law stipulates that photographs or videos taken of you belong to you, and no one has the right to save or publish them without your consent. However, the law has also established exceptions that we will briefly explain in simple terms.
In the videos posted, you will notice that many people are captured in these images. There are several reasons why we are allowed to publish these images:
The first reason is when people are in a location that includes various sights. If a person or people are merely a part of an image where more significant objects or things take prominence, or if individuals are incidentally included in that image, and the photographer’s focus is on the entire landscape rather than solely on the person, then taking photos and videos of people is allowed.
✅ Another reason that permits saving or publishing such images is when a person notices you are taking photos or videos, and despite having the option to object, chooses not to do so, which is considered consent under the law.
The last reason is when a person is present in a place where there is a high probability of photos and videos being taken, and they are aware of this fact, implying their consent in some manner. For instance, at marches, concerts, sports events, etc.
❌⚠️ All such consents are only valid if the intention is not to discredit, insult, interfere with a person’s privacy, or violate their rights by disseminating that image.
Violating the right to publish the image of others carries severe penalties, so we strongly recommend refraining from publishing an image if you are unsure of its legal status. On social networks, we often come across numerous examples that contravene the law.