Private use of photos on the internet 1

Copyright and the German Art Copyright Act

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In the current issue of Rechtstipps, our lawyer Dr. Christian Cloos discusses the legal aspects of private photo use on the internet.
In particular, he will be examining copyright law and the German Act on the Copyright in Works of Art (KUG).

• Legal levels: Photos are protected by copyright if they were created by a human hand. The right to one's own image protects people who are recognizable in photos from unauthorized use.
• Right of personal portrayal: This right protects people who are recognizable in photos from unauthorized publication of their images.
• Common misunderstandings: Just because photos are freely accessible on the internet does not mean that they can be used without permission. This often leads to legal violations because many users are unaware of this.
• Legal consequences: In the event of unauthorized use, warnings may be issued that can lead to injunctions and claims for damages. Disregarding warnings can lead to interim injunctions. It is recommended that you seek legal advice to avoid ill-considered actions.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.