Social media connects, is fun and takes you to whole new worlds. But with all the exciting inspiration on Instagram, TikTok, Snapchat, and Co., you shouldn’t forget that there are a few things to consider when creating and distributing content.
If you post a photo or video you took yourself, you are the author. Others may use their content only with permission. By law, you must be “adequately” compensated for this.
1. Be careful with other people’s photos and videos
In principle, you are not allowed to simply post other people’s content on your profile. Copyright protects the intellectual property of third parties, So you need explicit permission to use photos and videos.
According to German law, the author must always be mentioned. He decides whether his name should be written down and what his material can be used for.
2. Respect personal rights
It is prohibited to publish photos of people without their consent. If a person is clearly identifiable, they have a “right to their own image” and can decide what happens to the image.
Exceptions prove the rule when…
- …they are public figures,
- …the person does not play a central role in the landscape picture;
- …The photo was taken at a public event or
- It serves the higher interest of art.
3. “Am I allowed to take a picture of this?”
The whole matter is regulated by law under the term “freedom of panorama,” and of course the devil is in the details.
- Existing works may be used (permanently) in public places at any time External shots To be created. Architect’s approval is not necessary here.
- Exterior photographs of private buildings are permitted if they are taken from a public street.
- in Interior shots Building owners can decide for themselves to what extent they allow entry and photography. This also applies to museums, churches, castles, etc.
It is also possible that there is an issue with logos or specific products. Trademark protection or design protection However, they only exist if they are entered in the relevant register.
4. Hidden ads
Users follow each other because they recognize themselves in others or like someone’s style. Instagram thrives, among other things, on recommendations related to interior design, travel and fashion.
But when does well-intentioned advice turn into hidden advertising? Good news: Private users generally don’t have to worry about product classification.
Things only get difficult when something is being paid in return for the product offered. The author of the post must not have been paid for it or received the product for free. However, if so, The photo or video must clearly label the word “Advertisement.”
5. Use music on Instagram
Through the platform’s music library, users can share their favorite tracks with their followers via stories, posts and reels. But be careful, the descriptive guidelines state: “In particular, the use of music for commercial or non-private purposes is prohibited unless you have obtained the appropriate licenses.”
What many users do not know is that a private account, according to Instagram, does not mean private use!
What matters is whether the user earns money through his account. When in doubt, it is for commercial use. Even those who have already achieved a certain range should avoid using music.
Note: Instagram is already allowed to do everything
Hardly anyone knows that we grant a “worldwide, non-exclusive, transferable, sublicensable license” with every upload to Facebook or Instagram.
Even if the rights to the image are made clear, Instagram still has an opinion. By uploading Your Content, you authorize the Platform to host, use, distribute, modify, perform, copy, publicly perform or display, translate and create derivative works of images and videos “(…)”. If you delete your account, this purported license will also terminate.
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