The right to one's own image means that every person generally decides whether and how pictures of them are published. In Germany it is set out in the Art Copyright Act (KUG).
The right to one's own image is part of the general right of personality. Under section 22 of the German Art Copyright Act, known as KUG, portraits may generally be distributed or publicly displayed only with the consent of the person shown.
Section 23 KUG lists exceptions, such as pictures in which people appear only as an accessory to a location, or pictures of gatherings and similar events. Even under these exceptions, the legitimate interests of the people shown have to be considered. How the KUG relates to the EU General Data Protection Regulation is a matter of legal debate.
For exhibitors the key question is who is the focus of a picture. A photo in which a single visitor is shown large and recognisable usually needs her consent. An overview of a busy hall in which people are just part of the scene is assessed differently. The line is not always clear, and when in doubt consent is the safer route.
This applies to your own team too. Employees also have a right to their own image. So settle before the show who wants to appear in photos and videos, and document their agreement. Remember that pictures are often used for a long time, even after people leave the company. This text is an overview, not legal advice; for specific questions, media lawyers can help.
In practice the right to one's own image is mostly respected through framing. We photograph conversations so that your team is in the foreground, keep visitors in the background out of focus and ask before a single person becomes the main subject.
At Pixer we settle these points with you before the show and document consent for interviews and portraits. Anyone who does not want to be photographed on your stand (booth) is not photographed, and we do not use shots to which someone objects.
Not necessarily. If people appear only as part of a crowd or backdrop, different standards apply. The circumstances of the individual case matter.
Yes. Employees generally have to agree to the publication of pictures of them as well.
Want trade fair photos that show people respectfully? Send us the fair and dates, and we will go through the process with you.
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