Visibility has its price
Influencers live from attention – of reach, reaction, resonance. But those who publicly showcase other people enter legally-mined terrain. Because the right of personality does not end where the smartphone begins. A (fictitious but practical) case shows how quickly a contribution to legal burden can become – and why professional advice on influencer law is crucial.
The case: “just in the background” – and still sued
Fitness influencer “Leafit” shoots a workout video in the Munich English Garden. In the background: people sunbathing, a jogger with a striking tattoo, a mother with a child. She uploads the video to Instagram – it goes viral.
Three days later, she received mail from a lawyer: the client – the jogger – had been filmed without consent. His personal rights are violated, he demands omission, deletion and compensation.
The case is constructed – but quite realistic. And he shows: There are legal boundaries between public space and personal freedom.
What protects personal rights?
The General Rights of Personality Protects every natural person from unwanted presentation, distribution or use of their identity – in particular:
- The Right to your own image (§§ 22 ff. KUG)
- The Right to own name
- The Privacy and privacy
- The informational self-determination
Whether someone can only be seen “in the background” is there not crucial – but whether the person recognizable is. Clothing, tattoos, gaits or distinctive hairstyles may be sufficient. In the case of children, particularly strict rules apply.
And what does that mean for influencers?
Anyone who produces and publishes content also bears the legal responsibility. This includes in particular:
- Obtaining consent, when people are recognizable
- Unrecognizable Unreleased faces (e.g. through blurring)
- Sensitivity in sensitive places (e.g. hospitals, schools, retreats)
- Marking of advertising – even with personal recommendations
Lawyer Stefan Karfusehr of Horak Rechtsanwälte and the team in Munich regularly advises creative people, influencers and companies on issues of media, copyright and personality rights. His advice:
“Anyone who violates third-party personal rights quickly risks an expensive cease-and-desist letter or lawsuit – especially in an area that is designed for visibility and effect. Preventive legal protection is worth its weight in gold here.”
What is the threat of violations?
Depending on the individual case, those affected can under civil law Omission, Deletion, Monetary compensation and Damages complain. In the case of particularly serious interventions, criminal consequences conceivable (e.g. § 201a StGB – violation of the highly personal area of life).
In our example, “Leafit” threatened not only a legal dispute, but also a loss of reputation – and that in its own community.
Visibility needs responsibility
Influence law is not a legal vacuum – on the contrary: it is precisely here that the legal situation is often complex, the reach is high and the reaction is fast. Those who do not observe third-party personal rights not only risk likes, but also legal anger.
Attorney Stefan Karfusehr and that Team of Horak Attorneys in Munich Support you to reconcile creative freedom and legal security – for a professional, safe and future-proof influencer practice.
Contact
Questions about influencer law, personal rights or image use?
We are there for you – discreetly, experienced, solution-oriented.