Starting Point: Photos in Real Estate Brochures and the Right to One’s Image
Real estate offers are regularly advertised with photographs to visually represent location, layout, and features. As soon as identifiable individuals are depicted, it affects the right to one’s own image. A decision by the Frankenthal Regional Court addresses the question of the conditions under which such images may be used in a real estate brochure and the requirements for obtaining consent.
Decision of the Frankenthal Regional Court: Consent as a Key Requirement
Recognizability as a Point of Reference
According to the scenario addressed by the court, it is crucial whether a person can be identified in the photos used. If so, the publication or transfer of the images cannot be justified solely by the purpose of marketing the property. A valid consent from the person depicted is essentially required.
Use in Brochure as “Distribution” of Images
The court considers the use of images featuring individuals in a brochure to be a relevant use of images. The fact that the brochure is typically made accessible to potential interested parties is sufficient to assume distribution in a legal sense. Thus, the requirement for consent comes to the forefront, as long as no viable exception applies.
Requirements and Limits: No “Implicit” Approval Through Participation
Purposefulness and Scope of Consent
The decision makes it clear that consent cannot be inferred simply because photos were taken in the course of a viewing or property recording. What is decisive is whether the consent specifically covers publication in the context of marketing and relates to the specific form of use.
No Automatic Justification by Marketing Interest
An economic interest in an appealing presentation does not replace consent according to the court’s assessment. While marketing a property can be significant for designing a brochure, it does not automatically substitute the personal rights of clearly depicted individuals.
Classification of the Decision: Significance for the Practice of Real Estate Marketing
Raising Awareness for Image Material Relating to Individuals
The decision of the Frankenthal Regional Court emphasizes that brochures convey not only object-related information but also personal data or personality rights when people appear in the images. This is particularly applicable for interior shots or situations where residents, employees, or other third parties are depicted.
Conflict between Object Presentation and Personal Rights Protection
The proceedings highlight the typical tension between the promotional display of a property and the rights of the affected individuals. The court attributes significant importance to the protection of one’s own image and ties the use of such photographs to a solid legal basis.
Outlook: Legal Issues Surrounding Brochures, Images, and Marketing
The decision of the Frankenthal Regional Court illustrates that creating and distributing real estate brochures can touch on personal rights aspects alongside civil law issues of the real estate business. Where there is a need for clarification, a structured understanding of the legal framework can be useful on a case-by-case basis. Information about our services can be found at MTR Legal under the link: Legal Advice on Real Estate Law.
