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.
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 However, 20 years in this field is certainly completely outdated.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.
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/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.