Right to own image and personal rights: Attorney for influencers
Anyone who shows people in the content usually needs their consent. And if you are shown yourself without being asked, you can defend yourself. We clarify both sides.
- Consents for films, events and cooperations
- Enforcement of unauthorized use of images
- Special rules for children in content
Personal rights in everyday creator life
The general right of personality protects everyone from being depicted, exposed or commercially marketed without consent. It is doubly relevant for influencers. On the one hand, you are the focus yourself and your picture has a significant economic value. On the other hand, they regularly show other people: friends, family, passers-by, event guests or cooperation partners.
The distinction between permitted admission and violation of the law is not always easy. A group photo at an event, a prank video in the pedestrian zone or the story with your own child raise different questions. We help to plan content in a legally secure manner and enforce your rights when others violate you.
Typical situations in which we help
- They want to show passers-by, event guests or employees in their videos.
- A person demands that they delete a video in which they can be seen.
- A company uses your photo or name for advertising without asking you.
- They show their children in content or plan a family format.
- A medium reports inaccurately about them or publishes private photos.
- An ex-partner publishes pictures or details from their private lives.
Legal basis at a glance
§§ 22, 23 KUG: Principle of consent
In principle, portraits may only be distributed or publicly shown with the consent of the person depicted (§ 22 KUG). Exceptions apply, among other things, to portraits of contemporary history, people as accessories next to a landscape or location and pictures of meetings (§ 23 KUG). However, these exceptions do not apply if the legitimate interests of the person being violated are violated, and they usually do not cover any advertising.
Relationship to the GDPR
Since the GDPR came into force, it has been controversial how far the KUG remains applicable alongside it. The KUG is mainly used for journalistic and artistic purposes. In the case of purely commercial content, creators should also observe the requirements of the GDPR, i.e. a legal basis and information obligations.
Commercial use of your own image
If your picture or name is used for advertising without consent, you are entitled to a fictitious license fee in addition to omission. The amount is based on what they would have received for a comparable advertising cooperation. For known influencers, this can be a significant amount. In severe cases, monetary compensation is added.
Children in content
Children have their own personal rights. Parents decide as guardians, but must take the child’s welfare into account. From a certain age, the child’s opinion must be taken into account. If children regularly participate in commercial productions, the Youth Employment Protection Act, which requires an exceptional permit for the media for media appearances, can also apply (§ 6 JArbSchG).
Practical examples: typical scenarios
We regularly meet the following scenarios in the consultation. They are anonymized and simplified and show how such cases are typically classified. They do not describe any specific mandates and do not promise a specific result.
Event selfie with consequences
Situation: A creator posts a group photo at a brand event. A participant requests deletion and threatens legal fees.
Legal assessment: The exception to meetings usually does not apply to group photos, on which individuals are clearly the focus. Participation in an event does not mean tacit consent in social media posts.
Our approach: We recommend deleting or making unrecognizable and a short, free agreement. For future events, we design a photo notice and a consent regulation with the organizer.
Photo in a foreign ad
Situation: A restaurant shares the story of a food influencer and then places it as a paid ad.
Legal assessment: Sharing in the story can still be covered by the platform function, but not an ad. There is an unauthorized commercial use of the portrait.
Our approach: We demand omission and a fictitious license fee in the amount of a usual cooperation.
Prank in the city center
Situation: A comedy channel films passers-by at a prank and publishes the reactions. One of the filmed ones feels exposed.
Legal assessment: Passers-by are not an accessory here, but central content. Publication is not permitted without consent. Monetary compensation is considered for barring scenes.
Our approach: We develop a process for the channel with on-site consent and make it unrecognizable in the absence of consent and fend off excessive demands.
Family account
Situation: Parents run a channel where their two children perform regularly, including cooperation with toy manufacturers.
Legal assessment: In addition to the personal rights of the children, questions of youth work protection law and the use of the income must be clarified.
Our approach: We check the format, clarify the obligation to use a permit and work out guidelines for the protection of the children, for example on the way to school, name and place of residence.
That’s how we go
- 1
Initial assessment
You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.
- 2
Secure evidence and deadlines
We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.
- 3
Set strategy
Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.
- 4
Implement and enforce
We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.
Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.
Common mistakes to avoid
- Assume that photos are always allowed in public places.
- Only obtain consent orally and without proof.
- Show children of other parents without their consent.
- If you use your own picture illegally, only have it deleted and do not claim a license fee.
Frequently asked questions about personal rights and right to your own image
Does the consent have to be in writing?
Not mandatory by law, but you must prove them in the event of a dispute. A short written or video-documented consent makes sense.
Can someone revoke their consent?
Consent can be revoked for important reasons, with paid model contracts only to a limited extent. According to the GDPR, a revocation is generally possible at any time for the future.
What can I ask if my picture is used for advertising?
Omission, information, a fictitious license fee and reimbursement of the legal fees.
Deepening: Further information
On the one hand, the personality rights in the influencer context protects Influencer himself (Against the misuse of your picture, name or your privacy), but on the other hand it also obliges you to Respect the personal rights of others.
The Personal rights is particularly sensitive in the influencer context because it is the Protection of one’s own person as well as dealing with the Third party personal rights regulates. Especially in the digital environment, where content is distributed worldwide, conflicts quickly arise.
Here are the most important aspects:
1. Protection of one’s own personality
- Influencers have a Right to your own image: Nobody may publish or use your photos or videos without consent.
- That also applies to Fake accounts, deepfakes or identity theft – Influencers can legally defend themselves against this.
- Invasions in privacy (e.g. paparazzi pictures, publication of residential addresses or private information) also infringe the right of personality.
We can represent and advise you throughout Germany. Explore our locations.
2. Dealing with third parties in the content
- If influencers show other people in posts, stories or videos (e.g. friends, children, passers-by), you always need their Consent.
- Particularly sensitive: Children’s photos. Strict standards apply here because children enjoy special protection.
- The publication of chat history, e-mails or private messages can also be a violation of personal rights.
3. Commercialization & Marketing
- Many influencers use theirs Names, face or voice as a brand.
- The right of personality gives you control over how your image or name is used in advertising.
- In cooperation agreements, it must be clearly regulated whether and how a company may use the image or the name of the influencer (e.g. for advertising on posters, in TV spots or on social media).
4. Conflicts & Claims
Violations of personal rights often lead to:
- Injunctive relief (e.g. deletion of images or posts)
- Damages or even Monetary compensation (“pain allowance”)
- Temporary injunctions in the case of particularly serious interventions (e.g. paparazzi recordings, defamation, damage to reputation).
5. Special features for influencers
- Influencers often move in Tendency between private and public: On the one hand, you stage your life, on the other hand you have to protect your privacy.
- You have to decide How much they reveal – and can also defend themselves against too deep interventions later.
- At the same time, they are obliged to Rights of others (e.g. contributors in videos, brand ambassadors, family members).
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