Private use of photos on the internet 3

Exceptions and limitations

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In the current issue, "Legal Tips with Lawyer Christian Cloos", the legal aspects of private photo use on the internet are examined. In particular, it deals with exceptions and limitations of copyright law and the German Act on the Protection of Copyright in Works of Art and Photographs (KUG).

• Consent and licensing: The safest method for using photos legally is to obtain the consent of the photographer and the persons depicted. Alternatively, Creative Commons licenses can be used to define various conditions for the use of photos.
• Copyright limitations: Copyright law allows the use of photos as an insignificant accessory if they appear in the background and are not the main focus. However, this rarely applies to photos on social networks, where images can often be viewed individually.
• Editing and free use: In principle, photos may be edited in the private sphere as long as they are not publicly displayed or distributed. To use photos without permission, the original content must be altered to such an extent that it is no longer recognizable. User-generated content and parodies are further complex borderline cases that must be evaluated individually.

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.