Germany both has strong laws protecting the freedom of the press and freedom of speech, but also laws protecting privacy and copyright. This can lead to contradictions or hard to interpret situations for photographers and videographers at times.
Can I Shoot Footage in Public without Consent?
Yes, you can almost without restrictions shoot anything as long as what you're seeing is visible from public property. You are allowed to shoot people, including police officers or other government officials.
Can I publish Photos taken of Strangers without Consent?
Yes, if they are not the primary subject or clearly recognizable.
Can I use Street Photos commercially?
Yes, if the primary subject is not clearly recognizable as an individual.
Can a Security Guard demand to see my camera or force me to delete my photo?
No. Not even the German Police is allowed to do that unless you have been taking the photo on private or government property. You will have to be pursued legally if you're breaking house rules, but you can not be forced to delete footage.
- 2019 a court in Kassel limited the filming of police officer under certain circumstances, due to the private nature of their conversations
- In 2018 a case of a street photo subject against Espen Eichhöfer resulted in the photographer paying a hefty fee, yet the court ruled that street photography is a form of art, which usually is protected and grants liberties to use, reproduce, expose and sell. Source:FAZ
- GDPR (DE: DS-GVO, Datenschutz-Grundverordnung)
- APR (DE: Allgemeines Persönlichkeitsrecht)
- KUG (DE: Kunsturheberrechtsgesetz, §22, §23)