Introduction
The German Art Copyright Act (KUG) is a German law that regulates the protection of the right to one’s own image and the use of likenesses. It represents an important aspect of the right of personality and is closely linked to copyright. In this article, we will examine the basics of the Art Copyright Act, its scope of application, and the rights it protects.
- The Art Copyright Act(KUG) protects the right to one's own image and the use of images in Germany.
- The KUG was passed in 1907 and regulates the publication of images with the consent of the persons depicted.
- There are exceptions, e.g. for images from contemporary history or as an accessory, which allow publication without consent.
- The KUG protects privacy and prohibits the unauthorized publication of images that could significantly affect the person.
- Violations of the KUG may result in civil and criminal penalties, including damages and fines.
- In modern society, the KUG has become increasingly important in order to protect privacy in the digital world.
- The KUG strikes a balance between artistic freedom and the right to one's own image, particularly in the art and media sector.
What is the German Art Copyright Act (KUG)?
The Art Copyright Act was passed in Germany in 1907 and has undergone several amendments since then. It regulates the protection of the right to one’s own image and defines the circumstances under which images of individuals may be published. The KUG is primarily a protective law that safeguards the personal rights of persons depicted.
Structure of the KUG
The KUG consists of several paragraphs divided into two sections:
Section 1: Right to one’s own image
This section contains regulations on the protection of the right to one’s own image. It stipulates that, as a matter of principle, images of a person may only be published with that person’s consent.
Section 2: Penalty and fine provisions
This section contains provisions on penalties and fines for violations of the right to one’s own image.
Right to your own image
The right to one’s own image is a personal right to which every person is entitled. It states that no one may be pictured without consent. However, there are exceptions to this rule, which are set out in the KUG.
Consent
The publication of a portrait is generally only permitted with the consent of the person depicted. Consent does not have to be in writing, but for evidentiary purposes, written consent is recommended.
Exceptions
The KUG lists several exceptions where publication is permitted even without consent. These include portraits from the field of contemporary history, pictures in which the persons appear only as accessories, and pictures of meetings and processions.
Privacy protection
The KUG protects the privacy of individuals by prohibiting the unauthorized publication of images taken indoors or that show a person in a manner that is likely to significantly harm that person’s reputation.
Legal consequences of violations
Violations of the KUG can have consequences under civil and criminal law. Those affected can demand injunctive relief, damages and, if necessary, compensation for pain and suffering. In serious cases, criminal sanctions such as fines or imprisonment may also be imposed.
Significance of the KUG in modern society
In today’s world, where photos and videos can be easily shared via social media and other platforms, the KUG is becoming increasingly important. It serves as a protective mechanism for the privacy and dignity of the individual in an increasingly interconnected world.
Special features in the art and media sector
In the field of art and media, there is a tension between artistic freedom and the right to one’s own image. The KUG attempts to strike a balance between these interests by providing exceptions for works of art and journalistic contributions.
KUG in the context of copyright law
The KUG interacts with copyright law, especially when it comes to photographic works. While copyright law regulates the protection of the intellectual property of the creator of a work, the KUG protects the rights of the persons depicted.
Conclusion
The Art Copyright Act is an essential instrument for protecting the right to one’s own image and privacy in Germany. It ensures that the personal rights of individuals are respected while leaving room for artistic and journalistic freedom. In an age where images are easily accessible and widely distributed, understanding and complying with the KUG is critical for anyone working with visual materials.
