Can I share pictures of my exclusive event on social media?
March 17, 2022 | 40,00 EUR | answered by Edith Fischer
Dear Media Law Attorney,
I have a question regarding the publication of images on social media. I recently organized an exclusive event and many photos were taken, some of which include guests. Now, I would like to share some of these images on my social media accounts to document the event and give my followers an insight. However, I am unsure if I have the right to do so, as some of the guests are public figures and may require consent for publication.
My concerns are that I may be violating data protection regulations or facing legal consequences if I publish the images without the permission of the individuals depicted. I want to avoid getting into legal trouble and am wondering how best to proceed.
Could you please inform me if I am allowed to share the images from my exclusive event on social media? Are there specific legal regulations that I need to consider? And what steps should I take to ensure that I do not infringe on the rights of third parties?
Thank you in advance for your assistance and I look forward to your expert advice.
Sincerely,
Christine Schäfer
Dear Mrs. Schäfer,
Thank you for your inquiry regarding the publication of images on social media related to your exclusive event. It is understandable that you are concerned about whether you are allowed to publish the images without the consent of the individuals depicted and what legal consequences this may entail. I will provide you with detailed information on how best to proceed in this situation.
First and foremost, it is important to know that the right to one's own image is a personal right protected under German law by § 22 KunstUrhG. This means that generally, no one can be published without consent to the use of their image. This also applies to celebrities who have a particularly high interest in preserving their personal rights.
In your specific case, you should therefore ensure that you obtain consent from the individuals depicted to publish the images on social media. This consent can be given verbally or in writing, with a written consent being advisable for evidential purposes. Also, keep in mind that the consent should be voluntary and revocable at any time.
Furthermore, you should ensure that you do not violate any other third-party rights, such as copyrights to the images themselves. If the images were taken by a photographer, make sure that you have obtained the necessary usage rights or possess a license to publish the images.
Additionally, make sure that the individuals depicted are not portrayed in an unfavorable or offensive manner to avoid potential legal consequences.
Overall, it is important to obtain the necessary consents before publishing the images on social media and ensure that you do not violate any third-party rights. This way, you can avoid legal difficulties and document the event without infringing on data protection regulations or personal rights.
I hope this information is helpful to you and I am available for any further questions. Thank you for your trust and expert advice.
Sincerely,
Edith Fischer
