Filming and taking pictures in public - you have to be aware of that

When you're filming or taking pictures in public, there are some legal pitfalls. But do you have to ask every tourist for permission to take pictures of the Eiffel Tower? We clarify what the legal situation looks like.

Filming and photography: This is not allowed in public

Basically, the Art Copyright Act (KunstUrhG) specifies what you have to consider if you want to take pictures in public. The following is recorded there:

• No person may be filmed or photographed without your consent. Publication in particular is punishable without consent in accordance with paragraph 22.
• You must also not take any pictures that could harm the person depicted or affect your privacy.
• If you take pictures of private buildings, you may not publish them without the owner's consent or use them for commercial purposes.
• Do not take pictures or film in public places such as a gallery or in a museum if the pictures contain copyrighted works.
• Even at events such as theatrical performances, you may not publish pictures taken and especially film recordings without permission.
• Often, museums, galleries and theaters explicitly refer to the fact that filming or photography is not permitted there, so always pay attention to the information provided there.

Exceptions to the above paragraph

There are some exceptions that, despite paragraph 22, allow you to take and publish pictures in public without the consent of the person or owner.

• Images on which people only stand as "accessories" to the actual recording may be made and published without consent. This is the case, for example, when photographing famous sights.
• This also applies to portraits from the field of contemporary history.
• This exception also applies to photos of meetings and removals.

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