{"id":75680,"date":"2025-02-14T17:43:59","date_gmt":"2025-02-14T15:43:59","guid":{"rendered":"https:\/\/visualjournalism.de\/?post_type=magazin&p=75680"},"modified":"2026-09-26T17:25:01","modified_gmt":"2026-09-26T15:25:01","slug":"photography-law-for-photojournalists","status":"publish","type":"magazin","link":"https:\/\/visualjournalism.de\/en\/magazine\/guides\/photography-law-for-photojournalists\/","title":{"rendered":"Photography law for photojournalists: image rights and press freedom explained"},"content":{"rendered":"\n \n\n
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Photography law for photojournalists: image rights and press freedom explained.<\/strong> What are photojournalists allowed to photograph and publish? This guide explains the right to one\u2019s own image under German law, where press freedom ends and personality rights begin \u2013 and how to work on the right side of the law.<\/p>\n

\r\n Hagen Plasswich<\/a><\/span><\/div>\r\n <\/div>\n\n\n\n
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\n \"\"\n \n Photos: Phil Ofori, Elias Willner<\/span>\n <\/div>\n\n \n <\/figure>\n\n\n\n\n

You\u2019re at a demonstration<\/strong> to put together a powerful photo series for your next project. While you capture the atmosphere, a group of activists unfurls a large banner. But suddenly the mood turns: one person aggressively goes for a counter-demonstrator, a scuffle breaks out and the police intervene.<\/p>\n\n\n\n

The situation is chaotic, and you keep taking pictures to record what\u2019s happening \u2013 after all, it\u2019s your job as a journalist to depict reality. But a few days later you receive a formal cease-and-desist letter. One of the people pictured feels their personality rights have been violated and is demanding compensation.<\/p>\n\n\n\n

Situations like this are more common than you might think. Especially during your studies, when you work on your first journalistic projects, the question arises: where does press freedom end and where do personality rights begin? Which rules do you have to follow to be on the safe side legally? This guide gives you an overview of what you absolutely need to know as an aspiring photojournalist in Germany.<\/p>\n\n\n\n

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Contents<\/strong><\/p>\n <\/div>\n\n\n\n\n

1. The right to one\u2019s own image<\/a><\/strong><\/p>\n\n\n\n

2. Copyright<\/a><\/strong><\/p>\n\n\n\n

3. Press law<\/a><\/strong><\/p>\n\n\n\n

4. Photographing in sensitive areas<\/a><\/strong><\/p>\n\n\n\n

5. Photographing in hospitals<\/a><\/strong><\/p>\n\n\n\n

6. How to behave at press conferences<\/a><\/strong><\/p>\n\n\n\n

7. Photos and videos with drones<\/strong><\/a><\/p>\n\n\n<\/div>\n\n\n

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\n \"Courtroom,\n \n Photo: Hagen Plasswich<\/span>\n <\/div>\n\n

The courtroom<\/strong> of Hannover\u2019s local court<\/p>\n<\/figcaption>\n \n <\/figure>\n\n\n\n\n

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1. The right to one\u2019s own image: when do you need consent?<\/h2>\n\n \n <\/div>\n\n \n\n\n\n\n

Even during the demonstration, you will have noticed that some people in the thick of things were particularly visible. Some were more aggressive, others drunker than the rest of the participants. What does that mean legally for your photos? If you had thought about it beforehand, you probably wouldn\u2019t have ended up in this situation. So let\u2019s look at which laws you should know about when you\u2019re out with your camera.<\/p>\n\n\n\n

In Germany, the right to one\u2019s own image protects everyone from being photographed and published against their will. In principle, Sections 22 and 23 of the Art Copyright Act (KUG)<\/a> prohibit distributing pictures of people without their consent. However, there are exceptions that are particularly relevant for journalistic work.<\/p>\n\n\n\n

Have you ever wondered why nobody complained about the other pictures you posted on Instagram? \u2018Lots of people do it anyway,\u2019 you might say \u2013 and you\u2019d be right. For a start, there is no internationally uniform law governing photography in public, and \u2013 as is usual on Instagram and other social media \u2013 it usually isn\u2019t clearly indicated whether and how a picture was staged.<\/p>\n\n\n\n

What many pictures have in common, though, is that the person is hard to recognise and plays a minor role in the composition. A person counts as incidental if they are not the focus of your photo but are either just there by chance or appear as an optional addition to the actual subject. So before you publish your photo, make sure you know whether the person can be recognised and what role they play in your picture.<\/p>\n\n\n

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\n \"Demonstrators\n \n Photo: Hagen Plasswich<\/span>\n <\/div>\n\n

With pictures of groups,<\/strong> such as here at a demonstration, make sure none of the people pictured stands out from the group.<\/p>\n<\/figcaption>\n \n <\/figure>\n\n\n\n\n

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How do I photograph at demonstrations?<\/h2>\n\n \n <\/div>\n\n \n\n\n\n\n

\u2018But so many people take photos at demonstrations,\u2019 you\u2019ll no doubt say \u2013 and you\u2019d be right about that too. At protests such as the tree-house occupations in the Hambach Forest, you can almost expect to spot one familiar face or another.<\/p>\n\n\n\n

At gatherings <\/strong>such as demonstrations, people are regarded as part of a community of interest. In such cases, make sure that none of the people you photograph stands out too much from the crowd and can therefore no longer clearly be seen as part of a larger group.<\/p>\n\n\n\n

Otherwise, you should ask the person pictured whether they agree to publication. Ideally, pick someone in advance who agrees to be accompanied by you and your camera for your reportage, and clarify how the pictures will be used.<\/p>\n\n\n\n

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A special case: public figures<\/h2>\n\n \n <\/div>\n\n \n\n\n\n\n

Different rules apply to celebrities and politicians. As \u2018figures of contemporary history\u2019, they may be photographed in their public role, because the public has a legitimate interest in how they appear. But celebrities have a right to privacy too.<\/p>\n\n\n\n

So you should only photograph or film them if they are relevant to your story and are in a corresponding setting. As with other people, the private spaces of celebrities are specially protected under Section 201a of the German Criminal Code<\/a>. In Germany, this applies not only to a private residence but also to a private car or hotel room.<\/p>\n\n\n\n

If, in your view, your picture serves a higher interest of art and you can justify that credibly, distribution is also permitted. The higher interest of art is generally interpreted in line with Article 5 of the Basic Law<\/a>.<\/p>\n\n\n\n

Your photo doesn\u2019t have to prove any artistic quality, nor does it have to be protected by copyright for this. But bear in mind that this exception doesn\u2019t apply if the legitimate interests of the person pictured are violated or if the distribution serves purely commercial purposes. Taking this claim to court can also be very time-consuming and therefore expensive. So think carefully about whether you want to rely solely on this provision.<\/p>\n<\/div>\n\n\n

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\n \"Limestone\n \n Photo: Hagen Plasswich<\/span>\n <\/div>\n\n

The staircase<\/strong> of Hannover\u2019s local court<\/p>\n<\/figcaption>\n \n <\/figure>\n\n\n\n\n

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2. Copyright<\/h2>\n\n \n <\/div>\n\n \n\n\n\n\n

The demonstration produced some explosive moments, and you published the pictures. Fortunately, you kept within the legal framework and were able to fend off a lawsuit. But what happens if someone suddenly uses your photos without permission and takes them out of their original context? What rights do you have as a photographer in that case?<\/p>\n\n\n\n

First of all: stay calm! Chances are you\u2019re in a strong legal position, because this is where copyright law comes in. As soon as you press the shutter, you automatically become the author of your work. Your picture is protected under the Copyright Act (Section 7 UrhG<\/a>). This means that you alone decide whether and how your picture may be used.<\/p>\n\n\n\n

Nobody may publish, edit or distribute your photo without your consent. If you pass your pictures on to editorial teams, agencies or clients, it is essential to put in writing whether you are granting a non-exclusive licence (several parties may use the picture) or an exclusive licence (only one party receives the rights of use). If you find that someone is using your picture without permission, you can invoke Section 97 UrhG<\/a> and demand both that they stop and that they pay damages.<\/p>\n\n\n\n

Even technically flawed or incomplete pictures are protected. Section 72 UrhG<\/a> makes clear that not only artistically valuable photographs but also simple photographs, underexposed shots and even damaged negatives are protected by copyright.<\/p>\n\n\n\n

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Can your pictures be used by others at all?<\/h2>\n\n \n <\/div>\n\n \n\n\n\n\n

Yes, in certain cases third parties may use your photos without your consent. This is permitted if they stay within the right of quotation granted by Section 51 UrhG<\/a> and use them, for example, for educational purposes.<\/p>\n\n\n\n

If your copyright is infringed, various legal remedies are available to you. As well as an injunction and damages, you can also demand the deletion and destruction of unlawfully used versions of your photos. This is governed by Section 98 UrhG<\/a>.<\/p>\n\n\n\n \n\n

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Types of rights of use under Section 31 of the German Copyright Act (UrhG)<\/h5>\n <\/span>\n <\/div>\n\n
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