Copyright – Use of Photos

The regulations are not new, but they are once again receiving more attention due to the EU GDPR.

Law Concerning Copyright in Works of Fine Arts and Photography, Section 23

(1) Without the consent required by Section 22, the following may be distributed and publicly displayed:

Portraits from the realm of contemporary history
Pictures in which the persons appear only as an accessory alongside a landscape or other locality;
Pictures of assemblies, processions, and similar events in which the depicted persons participated

And here is an interpretation that can be found repeatedly in essence:
Clarification: Photographing events (Source)
Since numerous inquiries, especially in the field of event photography, are received, a brief note on this: Regardless of whether under KUG or GDPR: for the publication of images without consent, an exception according to Section 23 (1) KUG or a justification possibility according to Art. 6 GDPR (such as a legitimate interest) must exist. It should therefore be neither appropriate nor necessary to hold a written declaration of consent under the nose of every guest or participant just to be allowed to photograph. This already presents considerable organizational difficulties and would involve the unnecessary additional collection of visitor data, which is also not in the spirit of data protection, Art. 11 GDPR. A concert visitor, for example, is already to be treated as a customer of the organizer, and thus, with a notice regarding the photo recordings and, if applicable, the rights of the data subject (Art. 13 GDPR), a legitimate interest can regularly be established.

In this context, please also note the
Information on Copyright (PDF file, 350 kB)
compiled for the internet officers.

Detailed information on copyright in the digital world can be found on the iRrights.info/ page.

Recommendation: When inviting to events, point out in writing and verbally before the start that photo and video recordings will be made for later publication.