Am I allowed to publish photos of my neighbor without permission?
January 11, 2022 | 50,00 EUR | answered by Anna Fuchs
Dear lawyer,
I hope you can help me with my issue. There have been ongoing problems with my neighbor in my neighborhood for some time. We have argued over various matters several times, and there is a tense atmosphere between us. Now I am wondering if I am allowed to publish photos of my neighbor without his permission.
The situation is as follows: My neighbor often behaves very thoughtlessly and inappropriately, for example by disposing of his trash on my property or making noise that bothers me. I have tried to talk to him, but unfortunately without success. Now I am considering if there is a way to make his behavior public in order to possibly put pressure on him and bring about an improvement in the situation.
However, I am concerned that doing so may provoke legal consequences. Therefore, I would like to know from you if it is allowed to publish photos of my neighbor without his consent and what legal considerations need to be taken into account. Are there perhaps alternative ways to deal with my neighbor's behavior that are less risky?
Thank you in advance for your support and advice.
Sincerely,
Piotr Weber
Dear Mr. Weber,
Thank you for your inquiry and your trust in my expertise as a civil law attorney. I am sorry to hear that you are having problems with your neighbor and find yourself in an uncomfortable situation. In regards to your question about whether you can publish photos of your neighbor without their permission, I would like to provide you with a detailed answer.
In Germany, the right to one's own image is regulated by the Copyright Act (KUG). According to this law, a person's image may generally only be distributed or publicly displayed with their consent. This means that you cannot simply take photos of your neighbor and publish them without their permission.
However, there are exceptions to this rule. For example, the publication of a person's image without their consent is permissible if the person appears only incidentally alongside a landscape or other location. In your specific case, where you are documenting your neighbor's reckless behavior, this could potentially be a possible exception. However, this is a legal gray area and there is a risk that your neighbor may take legal action against it.
An alternative way to address your neighbor's behavior could be to engage in a so-called neighborhood dispute resolution process. In this process, you can try to find a solution to your problems together with your neighbor and a neutral mediation body. This approach is less risky and can help improve your relationship with your neighbor.
In any case, I recommend seeking detailed legal advice before taking any actions that could potentially have legal consequences. I am available for a personal consultation to analyze your situation more precisely and provide you with specific recommendations for action.
I hope my response was helpful and I am available to assist with any further questions.
Best regards,
Anna Fuchs, Attorney at Law
