Am I allowed to publish photos of people on my website without their consent?
May 8, 2023 | 35,00 EUR | answered by Otto Ullmann
Dear Internet and Computer Law Attorney,
My name is Heike Fritsche and I run a website where I report on various topics such as travel, lifestyle, and events. Lately, I have taken some photos of people that I would like to publish on my website to make my posts visually more appealing. However, I am unsure if I am legally allowed to do so.
Currently, my website is still relatively small and has only a few visitors, but I plan to expand it in the future and publish more content. Therefore, it is important to me to ensure that everything is legally sound from the beginning to avoid potential conflicts or legal notices.
My concern is that I may be violating the right to one's own image of the people depicted if I publish their photos without their consent. I definitely do not want to get into legal trouble and therefore wonder if there is a way to use these photos on my website in a legally secure manner. Are there specific legal requirements or exceptions that I should be aware of?
I would greatly appreciate your assessment on this matter and ask for your help in getting clarity on how to proceed in this situation.
Thank you in advance for your support.
Sincerely,
Heike Fritsche
Dear Mrs. Fritsche,
Thank you for your inquiry regarding the use of photos of individuals on your website. It is understandable that you are concerned about potential legal consequences and want to make sure that you handle everything correctly and legally. I am happy to provide you with a detailed assessment on this matter.
In Germany, the right to one's own image is governed by § 22 of the Copyright Act (KUG). According to this law, photos of individuals can only be published with their consent if they are recognizable as the main subject. This means that in most cases, you need to obtain the consent of the individuals depicted before publishing their photos on your website.
However, there are some exceptions where consent is not required. These include situations where the individuals are only depicted as part of a larger scene and are not the focus of the photo. In addition, at public events or gatherings, publication without consent may be permissible under certain circumstances.
It is important to note that these exceptions are narrowly interpreted, and in case of doubt, it is advisable to obtain the consent of the individuals depicted to avoid legal uncertainties. Especially when publishing photos on a commercial website like yours, caution is advised.
Therefore, I recommend that you carefully consider in each individual case whether the use of photos without the individuals' consent is legally justifiable. If you are unsure whether consent is required, you may also consider obscuring the individuals in the photos or refraining from using photos with recognizable individuals in general.
If you have any further questions or wish to seek legal advice on this matter, I am at your disposal. It is important to ensure that everything is legally compliant from the beginning to avoid potential legal conflicts.
I hope that this information has been helpful to you and I am available to assist you with any further questions.
Best regards,
Otto Ullmann, Attorney specializing in Internet and Computer Law
