Photography laws in Germany

In Germany, you can't share photos and videos of other people without their permission. In this guide, we explain the rules every photographer must follow.

Taking photos of people

In general, you can take photos of people in public spaces, but there are some exceptions.

• You can't take photos of people if it shows their helplessness^{1, 2}. For example, you can't take photos of accident victims, drunk people or nude people without their permission^{1, 2, 3}. This also applies to celebrities¹.
• You can't take photos of people if it violates their privacy. You can't take pictures of people in their home, or in a changing room¹. You can't take photos of naked people in their garden¹. This also applies to celebrities¹.

You can't take such pictures, even if you don't share them¹.

Sharing photos of people

If you share a photo of someone, you need their permission first. You need permission to share the photo on a website, on social media, in an email, in a group chat, in a newspaper, or in any other publication^{1, 2}. There are some exceptions.

You can share a photo of a person without their permission if:

• The person can't be recognised from the picture^{1, 2, 3}
• or the person is a public figure, or part of contemporary history (a politician, a movie star, …)^{1, 2}
• or the person died more than 10 years ago
• or the people in the picture are accessories in a landscape or special location^{1, 2, 3}
• or the people in the picture are participating to a public gathering, parade or similar event, and they are not the focus of the photo^{1, 2}

Be careful. You can't share a photo of someone without their consent if it's against their legitimate interests¹:

• You can use a photo of a famous person for an article or book about them. You can't use a photo of them to promote an unrelated product^{1, 2}. For example, you can't use the photo of Barack Obama to sell vacuum cleaners¹.
• You can't share photos of people if it severely damages their reputation^{1, 2}.
• You must respect people's right to privacy, even if they are famous.

Sharing photos of buildings and vehicles

You do not need permission to take, share and sell photos of buildings and vehicles in public spaces. These are called "panorama rights"^{1, 2}. For example, you can sell posters of a classic car parked on the street^{1, 2}. You do not need the owner's permission.

This only applies to public spaces. You need permission to share pictures taken inside a business, a house or a museum^{1, 2}.

How do I get permission?

Normally, you just need to ask the person in the photo.

Sometimes, the permission is implicit:

• If you pay someone to take their photo, you have their permission to share the photo¹.
• If everyone in the picture is smiling at the camera, you have their permission to take a photo¹. You still need permission to share the photo.
• If the subject died, you must get permission from their relatives. If they died more than 10 years ago, no consent is needed¹.
• You can't use someone's profile photo without their permission¹.

What happens if I don't follow the rules?

The punishment is a fine, or up to 2 years in prison^{1, 2}. People rarely go to prison, but fines and lawsuits are common¹. In some cases, your camera can be confiscated¹.

The subject of the photo can sue for damages¹. They have 3 years to do this¹. The 3 year period starts from the last time the picture was distributed¹. Both the photographer and the publisher (including websites) can be sued¹. You might have to pay for the victim's legal costs^{1, 2}.

If you took the photo by accident, you can delete the picture without punishment. For example, if you take a drone video, and catch someone naked in their backyard¹.

Can I just blur people's faces?

No. You must make sure that the person can't be recognised¹. For example, tattoos, clothes, hair styles and jewellery can be used to recognise a person, even if their face is blurred¹.

Do I have to censor licence plates?

Yes, you should also blur vehicle licence plates. This is not always required¹, but it's good practice. ADAC recommends to always blur licence plates¹.

Can I film the police in Germany?

There is no exception for police officers^{1, 2}. The rules described above also apply to them¹. You can film police officers, but you can't share photos or videos of police officers without getting their permission or blurring their faces.

Legal references

• Copyright law for works of fine arts and photography (KunstUrhG)
  • § 22 — Consent requirement
  • § 23 — Exceptions to consent requirement
  • § 33 — Punishment
• Copyright law (UhrG)
  • § 59 — Works in public places ("panorama rights")
• Criminal Code (StGB)
  • § 201a — Violation of intimate privacy by taking photographs or other images ("the paparazzi law")

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