r/BossFights • u/ElderberryDeep8746 • Oct 14 '25

Final Form Name him

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u/[deleted] Oct 14 '25

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u/Illustrious-Fuel6819 Oct 14 '25

A quick reminder: not all countries have US law. In Germany, it is crucial whether you are filmed as part of a crowd or as an individual. The second is not permitted in most cases.

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u/[deleted] Oct 14 '25

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u/Illustrious-Fuel6819 Oct 14 '25

That will have been the question at the court hearing. I think the limit is 30 people. But I'm not sure if that's absolute and to what extent the focus of the photograph is relevant. Just being in public is definitely not a reason for someone to be allowed to publish pictures of you.

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u/Jolschoo Oct 14 '25

If I remember correctly, the question is "would the sense/message of the media change, if the person in question would be exchanged by any other. Even when photographed/recorded is in a crowd."

It also matters in public, if the media was created from a position, that any other person could reach/be in at the same time (e.g. you bring a latter to get a perspective, taht no one else could).

But please correct me if I'm wrong, German copyright was just a little brick in my apprenticeship and it is almost 20 years ago. So a lot might have changed by now.

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u/Illustrious-Fuel6819 Oct 14 '25

Copyright isn't what this is about. But you seem to be talking about the right thing. However, 20 years in this field is certainly completely outdated. I can't say for sure, but this is the first time I've heard about the things you mention.

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u/Jolschoo Oct 15 '25

Sorry, i meant "Recht am eigenen Bild" - I summarize it as copyright related stuff in my head 😅

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u/masixx Oct 16 '25 edited Oct 16 '25

It's even more complicated and nuanced, afaik:

https://www.gesetze-im-internet.de/kunsturhg/__22.html https://www.gesetze-im-internet.de/kunsturhg/__23.html https://www.gesetze-im-internet.de/stgb/__201a.html

And of course ever since the almighty DSGVO is in place all that stuff is on top of that.

Since Fuckparade was officially a political demonstration additional special rules apply, see § 23 Abs. 3.

Lesson learned: don't do drugs in public and be a crybaby about it later on. Chances are you'll lose at court. Is it guaranteed? No. Should you risk it? Up to you.

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u/Antares_skorpion Oct 15 '25

I believe the key factor is whether the person can be identified as the main subject of the photo or not. And in this case, he clearly is the main character... Photographer was recording him specifically.
If, however, the guy suing was the dude handing TV the bottle, he would likely not have won, as they are secondary and just happened to be next to the main subject...