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Theme Parks and Videos for Reviews (personal rights)

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Hi.

I have a question about videos in theme parks:
do i actually have to censor every face of a person, who walks in the line of my event camcorder*?

*(its one of those shoulder mounted camcorders, so no one could say: i didnt have seen you recording.)


The Idea:
Basicly my idea was, to film different german theme parks and put the footage online.
And others can even use the full HD images for their own video projekts / top ten lists / reviews (for a small fee) (and others can monitorize on youtube)

If you only want to rebuild something and need those videos for reference, it would be 100% free.
And in case more people than expected like this idea, i might switch to patreon and release most videos for free (including bonuses for patreons).



Now back to the main question:
:arrow: do i actually have to censor every face of every person in the video

This would take an immense amount of editing, which would turn the "small fee" into a "huge fee" :shock:
Hope we can find a solution.


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Thank you for the information. Now i know what to do.

@Moderator:
Topic can be closed now. It got solved :)

Oscar User avatar
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xD sorry, yeah you don't have to. It is in a public place for public domain.
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Oscar wrote:
xD sorry, yeah you don't have to. It is in a public place for public domain.

Do you have evidence? Paragraphs?


I talked to a lawyer. He said its not allowed. At least not in germany.

The only exception is, when people are far in the distance and the eyes are only seen as black dots
This is the minimum distance where no censoring is needed.


in Germany:
KunstUrhG §22
Bildnisse dürfen nur mit Einwilligung des Abgebildeten verbreitet oder öffentlich zur Schau gestellt werden. Die Einwilligung gilt im Zweifel als erteilt, wenn der Abgebildete dafür, daß er sich abbilden ließ, eine Entlohnung erhielt. Nach dem Tode des Abgebildeten bedarf es bis zum Ablaufe von 10 Jahren der Einwilligung der Angehörigen des Abgebildeten. Angehörige im Sinne dieses Gesetzes sind der überlebende Ehegatte oder Lebenspartner und die Kinder des Abgebildeten und, wenn weder ein Ehegatte oder Lebenspartner noch Kinder vorhanden sind, die Eltern des Abgebildeten.

Translation:
KunstUrhG §22
You are only allowed to publish images of people with their consent. There will be a granted consent when the shown person got paid. The immediate family can grant the consent 10 years after the death of the shown person. The immediate family is ,within the meaning of the law, the spouse, children or the parents of the shown person.


If you now think: how is it possible to live in Germany without getting sued? Its not possible. Personal experience. :mrgreen:
But i have won all of them and i like to keep it that way :D

mkingy User avatar
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Germany does have particularly strict laws on privacy when it comes to photography and filming, as I understand as you state if someone is recognizable you need their permission to publish the pictures.

However it is worth noting that the terms and conditions of entry may state that by entering the park you agree for your picture to be used in public unless you tell the park otherwise. If you were to be granted permission for commercial purposes I imagine this would protect you from being sued. For instance this is Phantasilands T&C's:

8. Filming and photography for commercial purposes requires approval from the managing directors. Devices with a flash and private filming are prohibited during shows. If the Visitor does not wish to be captured in any filming or photography taking place in Phantasialand, we recommend avoiding the area where filming/photography is taking place and, in cases of uncertainty, informing the responsible Phantasialand staff or the film/photography team. Otherwise, we shall assume that the film or photographs can be used in public.


I'm not a lawyer though - so best to check that with your lawyer as they are paid to know what they are talking about (and are native unlike me).


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