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Frage: Beispielbild - Recht auf eigenes Bild

Question: Example picture - right at your own Picture



Frage von robbitobbi:
August 2008

Hello,
can anyone of you advice whether I create a movie like the linked (Sample image) into a Imagefilm may use I or fails to existing rights, such as "right to own Picture" or something similar?
The recording is on a public celebration emerged.
The sound does not play a role and should not be used.

http://www.go-stop.de/oben/chor.jpg

Answer would be nice

Tobi



Antwort von brendan:

my feeling says that you can use it, but ultimately I'm not a lawyer synonymous;)



Antwort von Ficeduld:

I would suggest there are more than 7 people on it, so no problem.
But if you have the legal personality of the individual injured, I do not synonymous. Presumably, in practice, hardly relevant. But let's say you need the material in a film where you have folk herziehst likely be problems.








Antwort von Bernd E.:

"Ficeduld" wrote:
... würd my there are more than 7 people on it, so no problem ...

Do you know any reliable source for this statement? To me the "Seven-man's frontier" so little makes sense, that I s.ihre existence until further can not believe it.

"Ficeduld" wrote:
... in a movie where you have folk herziehst likely be problems ...

As we come closer to the thing already. I am not a lawyer synonymous, but the question of the legally proper use of a clip that just depends of use. For the TV-news item about a Shanty Choir meeting is easy to use, for a film I would image this recording without the consent of the choir is not in use. As I said: This is my personal opinion, not legal advice. So s.besten Get expert advice of an attorney one.

Gruß Bernd E.



Antwort von Ficeduld:

Reliable source, I can not tell. HAB synonymous heard S.5. Somewhere in the forum is more, it can not find grad. SX people would sense it as a group and what more can None individual claim.
Oh, I can not quite understand synonymous.
Let's say you make s.einer demo and with a clip with a scene where you're clearly after is for "always" available on the web ..... who would want to.
Gruss
F.



Antwort von thos-berlin:

Law on copyright s.Werken the visual arts and photography

KuG regelt grundsätzlich das Prinzip "Recht s.eigenen Picture"

Quote:
KuG regelt grundsätzlich das Prinzip "Recht s.eigenen Picture"

Section 22
Images may be used only with consent of the depicted distributed or publicly shown to the public. The consent is in doubt as issued when the depicted that he could depict a reward received. After the death of the depicted is needed until the expiration of 10 years, the consent of the members of the depicted. Members under this Act shall be the surviving spouse or life partner and the children of the depicted and, if neither a spouse or life partner or children are present, the parents of the depicted.
KuG regelt grundsätzlich das Prinzip "Recht s.eigenen Picture"



KuG regelt die Ausnahmen

Quote:
KuG regelt die Ausnahmen

§ 23
(1) Except KuG regelt die Ausnahmen

in accordance with Section 22 required the consent and may be disseminated for review are:
1.Bildnisse from the fields of contemporary history;
2.Bilder on which the person only as an accessory in addition to a landscape or other location will appear;
3.Bilder of meetings, elevators and similar operations, the presented s.denen people participated;
4.Bildnisse who are KuG regelt die Ausnahmen

not prepared to order, provided that the distribution or exhibition of a greater interest in art serves.
(2) The power will not be spread and ostentation, by showing a legitimate interest of the depicted, or, if it has died, his family is violated.
KuG regelt die Ausnahmen



I as a "non-lawyer" would be a use of the image in a magazine, or broadcast a documentary feel as permitted ( "Pictures of meetings ..."). When used in a non-party ads ( "legitimate interest"). In the case of a film image, I see a little mixed. But if the movie with advertising is done, then it would be synonymous as a legitimate interest of abgebilteten exist.

Are they with the advertised product / product of the company agree?



Antwort von Bernd E.:

"Ficeduld" wrote:
... Let's say you make s.einer and demo with a clip with a scene where you're clearly after is for "always" available on the web ..... who would want to ...

May well be that some do not want, but the participation s.einer demo is now just one of those special cases - the evidence of thos-berlin-mentioned § 23 KUG - where the law does not apply s.eigenen Picture: This publication is synonymous depicted without the consent of the permissible.

Gruß Bernd E.



Antwort von Ficeduld:

Okay ... .. learned something. Oje this is all complicated ;-)



Antwort von Bernd E.:

"Ficeduld" wrote:
... Oje everything is complicated ...

Surpassing this issue can not be summed up! But something must be of the lawyers so synonymous live ;-)

Gruß Bernd E.



Antwort von FrankP:

To look at the actual original question to come back:

"Pictures of meetings, elevators and similar operations ..."

I would think that a choir event falls underneath. This would nix a spread in the way ..

FP



Antwort von Bernd E.:

"FrankP" wrote:
... a choir event falls underneath. This will put a nix spread through ...

Had there not the only aspect that it is a Imagefilm, so commercial use of clips for promotional purposes, go! There could be evidence of the above point with the "legitimate interests of the depicted" grab. I admit that this idea is now somewhat constructed, but imagine times before, it is an image video for an Opel car dealership and one of the singers from the clip is in the main occupation VW Dealers: Because I could well imagine that it with such use of his image would not agree! Without accurate information, you can sadly only speculate and has no certainty. To access the Page to be safe, I would in any case, a release from the choir intermediaries.

Gruß Bernd E.




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