Publication rights and data protection

From the WhiteWall editorial team

Publication rights and data protection for photographers: A comprehensive guide

Publication rights and data protection are key issues for photographers who want to use and distribute their work legally. This article highlights the main publication rights and explains what photographers need to pay attention to in order to avoid legal problems. It also explains the topic of data protection in Germany, including the General Data Protection Regulation (GDPR) and its significance for photographers. Practical tips will help you to comply with the legal requirements and make your work legally compliant.

What are the general publication rights?

Publication rights regulate how and under what conditions a work, such as a photo, may be made publicly accessible. They are part of copyright law and ensure that authors retain control over the use of their works. Publication rights include the right to reproduce, distribute, publicly display and make a work available online.

The author's exploitation rights include:

• Reproduction right: The right to make copies of the work.

• Distribution right: The right to distribute, sell or lend copies of the work.

• Exhibition right: The right to exhibit the work publicly.

• The right to present, perform and perform the work in public.

• Right of making available to the public: The right to make the work available online or via other digital networks.

Which publication rights are particularly relevant for photographers?

Image rights and publication

The following publication rights are particularly relevant for photographers:

• Right to publish and distribute: Photographers may publish and distribute their work provided they have the appropriate rights or have obtained permission.

• Right to be named: Photographers have the right to be named as the author of their work.

• Right to protection against distortion: Photographers can defend themselves against the distortion or falsification of their works.

• Right to remuneration: Photographers have the right to appropriate remuneration for the use of their works.

Publication rights and personal rights

In addition to the general publication rights, photographers must also observe the personal rights of the persons depicted. The right to one's own image means that every person may decide for themselves whether and in what context images of them are published.

Consent to publication

To avoid legal problems, photographers should always obtain the consent of the persons depicted before publishing images. This consent should be recorded in writing and clearly define the purpose and scope of use. The consent of the persons depicted is a central aspect of the right of publication. It should be formulated clearly and comprehensibly and contain all essential information, such as

• Purpose of the publication

• Type of use (commercial or non-commercial)

• Duration of use

• Distribution area (local, national, international)

Minors and vulnerable persons

Special care must be taken when photographing minors or vulnerable persons. The consent of a parent or legal guardian is required here. Photographers should also be particularly sensitive to the personal rights of these groups of people.

Use of photos in social media

The publication of photos on social media requires special attention. The terms of use of the platforms should be carefully checked to ensure that they comply with the agreed rights of use. Photographers should also bear in mind that the distribution of images on social media is often difficult to control. In addition, social networks often obtain extensive rights when users upload photos or videos to their platforms. It is therefore essential to observe the respective terms and conditions of the providers if you want to share your work on Instagram, Facebook or other social networks. It is also important to observe the so-called community rules. The Meta Group, which also includes Instagram and Facebook, for example, takes very strict action against the depiction of naked bodies - such as nude photography. There is a risk of your account being blocked completely - or even deleted if you repeatedly break the rules.

What infringements should I be aware of as a photographer in order to avoid legal problems?

Copyright infringements

Copyright infringement occurs when a work is used without the necessary rights or permissions. Photographers should take care not to use third-party works without permission, whether as a background, part of a collage or otherwise.

Violation of personal rights

The publication of images without the consent of the persons depicted may be considered a violation of personal rights. This can lead to legal consequences, including claims for injunctive relief and damages.

Impermissible post-processing

Alterations and post-processing of photos that distort the model or portray her in an unflattering light can also cause legal problems. Photographers should ensure that any editing is in accordance with the agreed rights and does not portray the model inappropriately.

Data protection violations

The collection and processing of personal data, including photos, is subject to strict data protection regulations. Violations of these regulations can lead to substantial fines.

To what extent does the issue of data protection affect photographers in Germany?

Data protection plays an important role when dealing with photographs, as photos can represent personal data. Data protection protects the privacy and personal rights of the persons depicted. Photographers must therefore always ensure that they comply with the legal requirements for the collection, processing and storage of personal data in order to avoid legal consequences.

In Germany, the Federal Data Protection Act (BDSG) and the General Data Protection Regulation (GDPR) are the central regulations that govern the handling of personal data. These laws stipulate how data may be collected, processed and stored and what rights the data subjects have.

What is the GDPR?

The General Data Protection Regulation (GDPR) is a European law that harmonizes data protection within the European Union. It came into force on May 25, 2018 and aims to strengthen the protection of personal data and ensure the free movement of data within the internal market.

The GDPR is based on several fundamental principles:

• Personal data may only be processed lawfully, in good faith and in a transparent manner.

• Data may only be collected for specified, clear and legitimate purposes.

• Only the data necessary for the purpose may be collected.

• Data must be factually correct and, if necessary, up to date.

• Data may only be stored for as long as is necessary for the purposes for which it is processed.

• Data must be protected by appropriate technical and organizational measures against unauthorized or unlawful processing and against accidental loss, destruction or damage.

Why is the GDPR also relevant for photographers?

Photographers regularly collect and process personal data, especially when they photograph people. The GDPR regulates the conditions under which this is permitted and what rights the persons depicted have. This includes the right to information, correction, deletion and objection to the processing of their data.

The GDPR stipulates that data subjects must be informed transparently about the processing of their data. Photographers must clearly explain the purpose for which the data is collected and how it is processed. Informed consent is essential and should be given in writing.

In order to meet the requirements of the GDPR, photographers must take appropriate technical and organizational measures to ensure data security. This includes the encryption of data, regular security audits and training in data protection.

What should I be aware of with the GDPR?

Make sure that you obtain the express consent of the persons depicted before you take and use photos. This consent should include the following information:

• Purpose of data processing

• Scope of use

• Duration of storage

• Rights of data subjects (e.g. right to withdraw consent)

In addition, inform the persons depicted clearly and comprehensibly about the processing of their data. This includes information on the identity of the controller, the contact details of the data protection officer and the rights of the data subjects.

In addition, the GDPR requires that data protection is already taken into account during the development of products and services. Photographers should therefore ensure that they use data protection-friendly settings and only collect and process the data that is absolutely necessary.

Documentation and verification

Photographers must be able to prove that they meet the requirements of the GDPR. This includes documenting consent, storing contracts and declarations of consent and carrying out regular data protection checks.

Conclusion

Publication rights and data protection are of central importance for photographers in order to ensure legal security and protect the personal rights of the people depicted. By obtaining consent, providing transparent information to those affected and complying with GDPR requirements, photographers can make their work legally compliant. Use the tips in this article to publish your photographs in a legally compliant manner and gain the trust of your customers and models at the same time.