Personal rights, especially the right to one's own image

While copyright issues are becoming increasingly relevant in the creation and use of e-learning material, personality rights are less likely to be problematic. However, in addition to data protection aspects, the so-called "right to one's own image" can also be important. This must be taken into account when images of real persons are included in the learning material. Each person has the right to determine whether the image can be published. If persons are depicted in a recognisable way (these do not have to be photographs, caricatures or the like are sufficient), the question of the consent of the person depicted thus arises. In general, every person must be asked for permission before his or her portrait is published. Exceptions to this general requirement of consent apply to so-called "portraits from the field of contemporary history". Photos of "celebrities", for example, fall under this category (cf. Kreutzer/Hirche 2017: 99).

Scenario:
In the case of larger events or lectures for which audio or video recordings are made in order to prepare for the examination, it is advisable to announce this in advance and to draw attention to it several times at the beginning so that everyone present is informed. However, persons who do not agree with this do not necessarily have to attend the event. A basic guiding idea for dealing with this problem does not yet legally exist. A concrete example scenario would illustrate that a lecture could have a warning attached to the doors of the lecture hall and those who do not want to be filmed or photographed could have the event recorded online. The lecturer can therefore refrain from having to obtain written permission from each student.

Notice:
If a person is recognizably depicted, this image may only be used with the consent of the person or persons depicted. Exceptions apply, for example, to so-called "portraits from the field of contemporary history" or if the person only appears as an "accessory".