Copyright for photographers

From the WhiteWall editorial team

Copyright for photographers: protection and pitfalls

Copyright is a key issue for photographers, as it not only protects their own work, but also the rights of others. This article explains what copyright law is, what it means in Germany and what photographers need to be aware of in order to avoid copyright infringements. It also sheds light on the right to one's own image and presents the most important exceptions in German photography law.

What is copyright?

Definition and basics

Copyright is an area of law that protects the rights of the creators of intellectual works. It grants the author of a work, e.g. a photograph, the exclusive right to decide on the use and exploitation of their work. In Germany, copyright is regulated in the Copyright Act (UrhG).

Origin of copyright

Copyright arises automatically with the creation of a work. A photo is protected by copyright as soon as it is taken, provided it reaches a certain level of creation, i.e. originality and individuality. Registration or application is not required in Germany.

What is the significance of copyright law in Germany?

Protection of intellectual property

Copyright law is of great importance in Germany as it ensures the protection of intellectual property. It ensures that authors are appropriately remunerated for the use of their works and prevents third parties from using or modifying these works without permission.

Duration of copyright protection

The copyright to photographs is generally valid for 70 years after the death of the author. After that, the works enter the public domain and can be used freely. Until this time, however, the authors and their heirs have extensive rights to the works.

Moral rights of the author

In addition to exploitation rights, copyright also includes personal rights such as the right to recognition of authorship and the right to protection against distortion of the work. For example, photographers have the right to be named as the author of their images and can take action against the distorting use of their work.

What do photographers need to bear in mind to ensure that their photos do not infringe copyright?

Use of third-party works

Photographers should ensure that they do not use third-party works without permission. This applies not only to photos, but also to other copyrighted works such as music, texts or designs that may be recognizable in a photo. Appropriate permission must always be obtained before use. A classic: the evening illumination of the Eiffel Tower in Paris. The building itself is not subject to copyright, but the artistic illumination of the French landmark is. So if you use or publish the image commercially, you should always obtain permission from the copyright holder.

Quotability and image citations

Under certain circumstances, copyright law permits the use of third-party works without express permission. One example of this is the right to quote. Photographers may quote third-party works if this is done in a scientific, critical or journalistic context and the source is clearly indicated. However, the quoted work must take a back seat and must not dominate the photographer's own work.

Creative Commons licenses

Creative Commons licenses offer one way of using third-party works legally. These licenses allow use under certain conditions, such as naming the author or non-commercial use. Photographers should carefully check the respective license conditions and comply with them.

What does the right to one's own image mean?

Protection of personality

The right to one's own image is a special form of personal rights and means that every person in Germany can decide for themselves whether and in what context images of them are published. It protects the privacy and personal integrity of the person depicted.

Consent to publication

Photographers generally require the express consent of the persons depicted before publishing or distributing photos. This consent should be in writing and clearly define the purpose and scope of use. There are numerous contract templates on the Internet that you can use for this purpose.

Special protection needs of certain groups of people

Special care must be taken when photographing children and young people. The consent of a parent or guardian is required here. Particular attention must also be paid to the protection of personal rights when photographing vulnerable people such as the sick or those in need of care.

What are the exceptions to photography and copyright law in Germany?

Freedom of panorama

Freedom of panorama allows permanent works located in public places to be photographed and the photos to be published. This applies, for example, to buildings, monuments or works of art in public spaces. It is important that the photographs are taken from a public place and that the works are not photographed specifically, but are shown as part of the surroundings.

Reporting on daily events

Copyright law provides for exceptions for reporting on current events. In the context of daily reporting, photos of events that arouse public interest may also be published without the consent of the persons depicted, insofar as this is necessary to inform the public.

People of contemporary history

There are also exceptions when it comes to photographing people from contemporary history. Under certain conditions, celebrities and public figures may be photographed without their consent if they are in public and the photographs are related to their public function. However, a balance must always be struck between the public's interest in information and the personal rights of the persons concerned.

Practical examples and recommendations

Photography at public events

At public events such as concerts, festivals or demonstrations, photos may generally be taken and published without the individual consent of the participants. The principle of the so-called “relative persons of contemporary history” applies here. However, care should always be taken to ensure that personal rights are not violated and that sensitive situations are treated respectfully. The situation is different for commercial concerts. As a rule, the organizer's conditions apply here.

Street photography

Street photography, i.e. taking photos in public spaces, often operates in a legal gray area. While freedom of panorama permits the photography of buildings and public works of art, the personal rights of people must be observed when photographing them. Here it is advisable to photograph as unobtrusively and respectfully as possible and to obtain the consent of the people depicted afterwards.

Commercial use of photos

If photos are to be used commercially, for example for advertising, products or services, written consent from the persons depicted is essential. This consent should include the exact purpose and duration of use in order to avoid legal conflicts. You should also have the consent of the persons depicted before publishing your images on social media such as Instagram, Tik Tok or Facebook, as otherwise you may be infringing the right to your own image. In addition, when publishing on social media, you also agree to the terms and conditions of the respective platforms - this should also be agreed with the person photographed in advance.

Conclusion

Copyright law is essential for photographers to protect their work and respect the rights of others. By understanding and observing the legal principles, photographers can ensure that they do not commit copyright infringements and at the same time protect their own rights. WhiteWall products also give photographers the opportunity to present their work in a stylish and secure way. By following these tips and recommendations, photographers can give free rein to their creativity without taking any legal risks.