Legal aspects of photo, video and audio recordings
Are you planning an event on behalf of or at Paderborn University and would like to take photos, video and/or audio recordings there? You are currently preparing an annual report and have received photos from third parties for it? These are just a few examples where legal aspects need to be considered and checked. Below you will find some tips and sample documents.
Data protection information and declaration of consent
If you make photo, video and/or audio recordings in which persons are in the foreground, then you need signed declarations of consent from these persons; in the case of minors, the consent of their legal guardians is required. In addition, it is necessary to inform the persons affected by the photo, video and/or audio recordings about the processing of their personal data associated with the recordings. A sample for this consent as well as information on processing can be found on the Paderborn University's web pages on data protection. A sample for consent and information on processing adapted for the Press, Communications and Marketing office's press and public relations work can be found here: Declaration of Consent/Information PKM (PDF)
Please always check carefully whether and under which general conditions you are allowed to make and/or use photo, video and/or audio recordings; assistance is provided by this document (german only): Further information on handling photo, video and audio recordings (PDF)
Group shots
If you wish to photograph or film a group, please indicate at the beginning of the event that you will be filming and the purpose of the filming. From the beginning, give people who do not wish to appear in the photographs the opportunity to position themselves in such a way that they will not be recorded.
Photo display
In addition, you should inform the guests of the event by means of a poster that you are taking pictures for the university's public relations work in which the persons present are not personally in the foreground. You can modify this (german only) sample poster (PPTX) for your event.
Rights of use
In addition to the persons concerned, arrangements must be made with the rights holder of the photo, video or audio recordings, e.g. with the photographer. For the granting of these rights of use from the rights holder or the author of the recordings, a sample is available on the web pages of Paderborn University on data protection in the accordion under "Besondere Informationen, Muster und Checklisten der UPB". The following exceptions apply: No separate declaration is necessary if there is already a contractual agreement on rights of use or if recordings are made as part of the employment or service relationship for Paderborn University. In this case, Paderborn University is generally entitled to the rights of use.
Rights clearance
If you want to use photos, videos and/or audio recordings that have been made available to you, e.g. by external parties, you must clarify the rights before using them. You should ask yourself the following questions, among others: Is there - if necessary - a declaration of consent from the persons photographed for the recordings? Does the intended use of the photographs correspond to the original purpose of the use of the photographs? Who is the author/rights holder of the photographs and has this person granted Paderborn University the rights of use? Details and further questions can be found in these (german only) notes on rights clearance (PDF).
Filming permit
If you want to film on the premises of Paderborn University, you need a filming permit from the Press, Communication and Marketing Office; please contact presse(at)zv.upb(dot).de. This applies in particular to persons from outside the university. The teaching and research activities must not be impaired by filming.