YouMMe Movie: The Internet Never Forgets – Photos

Post photos online

Background information

Images are very popular in the online media world. But what do you have to watch out for when posting photos online? Rights are very often violated unconsciously, because photos are only too happy to be uploaded to Facebook, WhatsApp or other “social networks”. Attention must be paid to what is allowed and what is not, so that copyright infringements do not occur, as this can lead to unpleasant consequences and can even lead to high monetary claims.

Always take care when looking for photos for private websites, because photos, drawings, comics and graphics that are available on the Internet must not be used.

Like the right to name, the right to one’s own image is a right to personality. It consists in the fact that pictures of people may not be made accessible to the public if this would violate the legitimate interests of the person depicted or, possibly, of a close relative.

In principle, snapshots and photos taken in private rooms may only be published with the express consent of the people depicted, otherwise they may not be published in principle.

Photos in public spaces, on the street, at concerts may be posted online, unless the photos are disadvantageous for the person(s) depicted. “The right to one’s own image” is anchored in Austrian and German copyright law.

But beware of events: What many do not know or ignore: Organizers often expressly prohibit photography or at least try to regulate it. While recordings for private use are generally tolerated anyway, there can be great trouble with publications.

One must also note that photos at events and also class photos may not be published on a website or Facebook etc. without consent.

For children and adolescents under the age of 14, the parents must give a declaration of consent.

However, the children’s opinions and wishes should be taken into account. because many children don’t want their pictures to be seen online; the “right to one’s own image” of the children should not be violated.

In the case of adolescents over the age of 14, both the parents and the adolescents themselves should sign a declaration of consent. This also applies to photos on websites of sports and leisure clubs. Attention: The declaration of consent can be revoked at any time – in this case the recordings of the person concerned must be deleted.

Practical Tips

  • Protection of copyright: Photos, drawings or graphics may not be used or distributed on the Internet without the consent of the author.
  • When friends or family take pictures, clarify immediately whether and in what context these pictures may be published.
  • If photos are published without consent, contact them in the same way (e.g. in chat) and request that the image be deleted. Important: Both from the service (e.g. WhatsApp), as well as from the smartphone / computer etc. and the memory (e.g. Google Photos)
  • Use Creative Commons license: To avoid copyright infringement, it is best to use images published under a Creative Commons license. The authors allow others to continue using their works – photos, graphics, texts, audio files, films – under certain conditions without first asking for permission.
  • First think, then post. Before posting a picture, think about whether you agree to the picture yourself, especially if you cannot control who sees the picture. (In all distribution platforms)
  • Always consider whether you yourself would agree with the recordings that you want to put on the net or whether they could be “embarrassing” photos.
  • Be careful with the background of the pictures. Can you see people who might have something against the picture? Crop the image so that other people are not visible.
  • Do the pictures show exactly where you are? Front door, address, street signs, country etc … Better choose a neutral background
  • Be careful with “beach pictures” or photos from the changing room. Can you see too much bare skin? Can the photo be used incorrectly?

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