In a time when everyone is equipped with a smartphone camera and social media captures all aspects of our lives, the “right to one’s own image” has become increasingly important. It regulates who can take pictures of you and use them.

What is the “right to your own image”?


The “right to one’s own image” is part of personal rights. It protects individuals from having their image taken, published or distributed without their consent. This right is recognized and enforced in many countries, although the precise provisions and exceptions may vary.

Five examples


Here are five hypothetical examples that illustrate how image rights can come into play:

  1. Surveillance cameras : A supermarket secretly records video footage of its customers and uses the footage for an advertising campaign without the consent of the people depicted.
  2. Public lectures : A participant in a seminar or workshop photographs the speaker without their consent and posts the photos on their website.
  3. Family Photos : A family member posts an old, embarrassing family photo of you on social media without your permission.
  4. Professional Portraits : A photographer who has been paid for a professional portrait uses the image in their own advertising or portfolio without asking your permission.
  5. Pictures of children : A day care facility posts photos of the children in its care on its website without asking parents for permission.

In all of these cases, the right to one's own image could be violated. However, it is important to note that the exact regulations may vary by country and there are often exceptions and nuances that need to be taken into account. If in doubt, you should consult a legal advisor.

Differences between Germany, Austria and Switzerland


Germany

In Germany, the right to one's own image is anchored in the Art Copyright Act (KUG) . As a general rule, publishing or distributing an image without the consent of the person depicted is unlawful. However, there are some exceptions, for example for images from the area of ​​contemporary history, groups of people if the individual person is not the focus, or public figures if it is in a relevant context.

Austria

In Austria, the right to one's own image is regulated in the copyright law . Publishing an image without the consent of the person depicted is strictly prohibited. There are exceptions if the image shows a person who only appears as an accessory to a landscape or similar, or if the image was taken at a meeting or similar.

Switzerland

In Switzerland, the right to one's own image is enshrined in the civil code . In principle, a person's picture may only be published with their consent. There are exceptions, among other things, for images that are related to contemporary historical events or if the person is only part of a larger group.

Consequences for violations of the “right to one’s own image”


The protection of privacy and personal rights is an important component in many legal systems and the “right to one’s own image” plays a central role in this. But what actually happens when someone violates this right? The exact consequences may vary from country to country, but in general the following sanctions may apply:

Injunctive relief

This is usually the first step in the event of a violation of the right to one's own image. The person concerned may request that the image in question not be further distributed. In practice, this may mean removing the image from a website, magazine, or social media account.

damages

If material or immaterial damage has occurred as a result of the violation of the right to one's own image, the person concerned can claim compensation. This may be the case if, for example, the image has been used in a way that damages the person's reputation.

Fine or imprisonment

In some cases, violating the right to one's own image can also have criminal consequences. This is the case, for example, if images have been taken or distributed that invade a person's privacy. The exact penalties may vary depending on the country and the severity of the violation.

It is important to note that in some cases the right to one's own image must be balanced against other interests, such as the public's interest in information or freedom of the press. Therefore, it is always advisable to consult a legal advisor if you have any questions on this matter.


Conclusion: The “right to one’s own image” is an important aspect of personal rights. It grants individuals control over how their images are used.

Related to the topic: Your images–> your rights. Myths and facts


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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 )