Many photographers are not aware of the fact that when buildings, people or brands are publically photographed in germany, the rights of third party persons must always be considered. However, this of course does not mean that there is a general public photography ban.
So how does it look in this case for the rights of the photographer and what is to be considered when taking pictures of buildings, logos and people in the public domain?
Pictures of buildings
Outdoor shots in public are basically unproblematic in so far as the photo only contains the facade of the subject matter and that the photo was taken in public. This is known as a panoramic freedom or Panoramafreiheit in German. The public domain consists of only the so-called ‘street perspective’. As soon as the picture goes beyond this, for example when a building or private property is entered into, the panoramic freedom no longer applies. The consent of the property or home owner must be given for images taken from the inside of a buildin. „Photographs of buildings, people and brands in public“ weiterlesen
A formal warning is an extrajudicial demand to cease and desist. Such warnings are often used in copyright and competition law. Whether or not a formal warning is justified, depends on the circumstances of the individual case.
In most cases the warning is formulated and sent by an attorney. Normally the delivery of a declaration to cease and desistbwith a penalty clause is demanded alongside the payment of a lump sum of money.
If you receive such a warning, keep calm. Please do not ignore the warning.
Checklist for examining a formal warning
1. When did you become aware of the warning?
Take note of the date when you received the warning. This date is important for deadlines.
2. How was the formal warning delivered?
Did the warning come as registered mail, a simple letter or in another form, such as a fax or email? When the warning only comes as an email, it couold be a fake warning. Please examine the attachment with a virus scanner and do not open unexamined if it is not a PDF file. „Checklist Formal Warnings“ weiterlesen
The obligation at Xing to publish legal information about a company on its website has already been subject to much legal dispute. This legal site notice is called Impressum in germany.
The platform operator itself has already responded to this discussion and now offers the technical possibility of creating a site notice on their website.
In a very controversial and much discussed decision of the Landgericht Stuttgart (judgment dating 27th June 2014, Case No. 11 O 51/14), it was ruled that these site notices were insufficient, affirming them as a breach of competition law.
In finding the site notices to be inadequate, the legal resoning of the court was, amongst other things, that the link to the site notice was in small font, found outside of the main text, an area to which the ordinary reader would not pay attention.
Therefore the court found that the link was too inconspicuous, a link which a reader with average attentiveness could easily overlook. „Xing Legal Site Notice (impressum) deemed insufficient“ weiterlesen
The Chemnitz-based limited liabilty company (GmbH), B2B Technologies, operated by its Managing Director, David Jähn, has been involved in much controversy through, amongst other things, the offers provided by and subsequent bills from its website, b2b-beschaffungsplattform.de.
We are here to help you in defending against such payment claims from B2B Technologies. Our law firm already represents hundreds of clients against B2B and to date, none of our clients have had to pay a cent to the firm.
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