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Germany KUG §§ 22 and 23: the right to one's own image

Under German law a person's image may generally be published only with consent; even the exceptions are limited by the person's legitimate interests.

§22

Portraits may be distributed or shown publicly only with the person's consent; for ten years after death, relatives' consent is needed.

§23

No consent is needed for images of contemporary history, people as incidental details beside a landscape, gatherings, and art; but never where the person's legitimate interests are violated, so private moments stay protected even for celebrities.

Remedies

Platform notices, removal and injunction requests to the publisher, and preliminary injunctions; we work with partner law firms in Germany.

General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.

Frequently asked questions

Does appearing in a crowd count as consent?

Being part of a crowd usually needs no consent; a photo focused on you is different.

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