Screenshots are helpful in many ways because they can secure content before it is lost. They can be a memory aid, serve as entertainment due to their content, but in the end they can also be a witness.
Since a screenshot is an image, there are a few basic things you need to keep in mind when dealing with screenshots. We will clarify a few questions below so that you don't end up in the devil's kitchen because of a screenshot.
1. Is taking a screenshot legal?
In principle, taking a screenshot is always legal. There are even a few useful tools that make taking screenshots easier or even optimized. At Mimikama, for example, we use the Greenshot tool , which allows you to capture specific parts of the screen and edit them in the included editor, but also the Atomshot tool , which simultaneously shows the date, the atomic time and the URL of the captured website on the screenshot outputs. What's more, Atomshot can record "entire" websites, including the part that only appears when scrolling.
Simply taking a screenshot, whether with or without an additional tool, is completely unproblematic. However, it becomes problematic when it comes to possible use.
2. Can I publish screenshots?
Depending on the content shown, publishing a screenshot can constitute a criminal offense and/or a warning. There are a few things to note here:
copyright
If a screenshot contains logos or photos that you do not have the right to use, or even still images from a film, these parts are subject to third-party copyright. If you don't have permission to use it, you are basically breaking the copyright of those people if you publish it.
Danger! Even texts can be protected by copyright as soon as they have reached a certain level of creation. There have been repeated lawsuits regarding tweets on Twitter in the past, but these did not go through because tweets are like a mere slogan that cannot be protected by copyright ( see ). However, one should take this with caution, as many of the judgments come from a time when tweets were only 140 characters long. The length of a text does not necessarily determine the height of creation, but it can influence it.
Personal rights
If a screenshot contains names or people depicted, these parts are subject to the personal rights of third parties. Images of people can be duplicated (e.g. profile photos) if you neither have the copyright to the image nor protect your personal rights.
It becomes even more difficult if you publish private messages in an identifiable way! An example of this is a judgment in which Sigi Maurer, a former member of the Green Party in the Austrian National Council, published an extremely offensive and sexist private message directed at her. This publication contained the sender's name.
Even though the procedure was quite complicated, this type of publication with names was not permitted and Maurer was found guilty of libel ( compare ).
3. Solutions
Simplest approach: don't post screenshots. This means you are always on the safe side. If screenshots are to be used as evidence, it is certainly advisable to consult a lawyer.
If you still want to publish screenshots, it makes sense to edit them and make all elements that violate copyright or personal rights unrecognizable. You should also avoid revealing the obscured information at the end via detours (in the description or comments). The screenshot should not be attributed to the people who act on the image.
The most elegant, but most complex solution is to obtain usage rights. If you have written consent from the authors and the people depicted, everything is fine. However, you should also clarify in advance to what extent and context this screenshot will be published.
Finally
Since this article does not constitute legal advice, if in doubt you should always consult a lawyer, which, by the way, applies to everyone involved. Both if you want to publish screenshots, but also if you are unintentionally identifiable or if copyright has been violated.
Also read: Police give tips for legally compliant screenshots
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Notes:
1) This content reflects the current state of affairs at the time of publication. The reproduction of individual images, screenshots, embeds or video sequences serves to discuss the topic. 2) Individual contributions were created through the use of machine assistance and were carefully checked by the Mimikama editorial team before publication. ( Reason )

