The Landgericht Frankfurt has delivered an interesting judgment concerning the right to publish photographs, in which the plaintiff has a claim for an injunction under Section 823 of the German Civil Code (BGB), 1004 BGB analogous to Section 22 et seq. KUG, Art. 85 GDPR.
So far nothing special.
In particular, the judgment is based on the fact that the applicant’s father originally consented to publication when the present applicant was still a minor. But that was almost 20 years ago.
The Landgericht Frankfurt therefore held that the applicant had to be granted a new decision, since at that time, as a minor, it had not taken a decision of its own. Consent to the re-publication at issue was therefore neither expressly nor implied. In the last case, the OLG Frankfurt am Main had already made a similar decision, which once again shows that one cannot get consent often enough when publishing images, whether on the Internet or in analogue media. This is, of course, all the more true for photos of minors.
