Re: Future Handling of Blue Sheets2012-04-24 14:35:26
Michael StJohns wrote:
While Wikipedia is sometimes wrong, it does tend to have useful information.= Specifically http://commons.wikimedia.org/wiki/Commons:Country_specific_con= sent_requirements#GermanyPublishing or propagating the image does not normally require consent: If the person is an irrelevant or merely accidental part (Beiwerk) of a landscape or locality shown in the picture. If the person took part in a public meeting or event and is depicted on this occasion. If distribution or exhibition serves a higher artistic interest.
That information in an incorrect translation, and it is quoting only part (1) of the article and missing part (2). §22 (1) 2.+ 3. KunstUrhG are quite related in the intent the translation of (2) captures the original meaning correctly: 2. Bilder, auf denen die Personen nur als Beiwerk neben einer Landschaft oder sonstigen Örtlichkeit erscheinen;
If the person is an irrelevant or merely accidental part (Beiwerk) of a landscape or locality shown in the picture.
The translation of (3) is not quite correct: 3. Bilder von Versammlungen, Aufzügen und ähnlichen Vorgängen, an denen die dargestellten Personen teilgenommen haben;
If the person took part in a public meeting or event and is depicted on this occasion.
This is about pictures of an (public) assembly, parade or similar event which the pictured peoples participated, and NOT the other way round! The translation you quoted is flawed logic. from the rules: 1. all men are mortals 2. socrates was a man you can infer "socrates was mortal", But infering the reverse "all mortals are men", "all men are socrates" or "all mortals are socrates" amounts to flawed logic. When making a photo of the audience(!) with a small number of people prominently in the foreground, then the exclusion no longer applies and you will need consent of the folks in order to _publish_ such a photo, similar for taking pictures of the _spectators_ of a parade. For people doing presentations in front, or speaking at the podium of a public assembly or convention, the exception may apply to a singular depicted person if it is still a "picture of the event" (i.e. a picture in context). Just because someone participates an assembly, convention or is the spectator of a parade does NOT result in a general loss of control over pictures&portraits of that person. -Martin