Term and Definition: Audio-Visual Recordings and Transmissions
Audio-visual recordings and transmissions refer to technical processes and products in which visual and acoustic information is either recorded (preserved) or transmitted live. The term encompasses all forms of capturing, storing, and transferring image and sound signals via electronic or digital media. Audio-visual recordings are particularly applied in legal contexts relating to media production, telecommunications, surveillance, event technology, as well as data protection and copyright law.
Legal Foundations
Civil Law Provisions
Copyright Aspects
Audio-visual recordings and transmissions operate within the scope of various statutory regulations, in particular the Copyright Act (UrhG). In particular, the following aspects are covered:
- Protection of Works (Sections 2 et seq. UrhG): The recording or transmission of copyright-protected works generally requires the rights holder’s consent. This applies to films, music, theatrical performances, and other creative works.
- Related Rights (Sections 73 et seq. UrhG): Performing artists, phonogram producers, and broadcasting organizations also enjoy special rights in relation to their performances.
- Exploitation Rights and Limitations (Sections 15 et seq., Sections 44a et seq. UrhG): The rights of public performance, adaptation, reproduction, and distribution are explicitly regulated. Limitations also exist, for example for private copies or quotations.
Personal Rights and Data Protection
Audio-visual recordings and transmissions often also affect the right of personality under Sections 22, 23 KUG (Art Copyright Act) as well as the General Data Protection Regulation (GDPR):
- Right to One’s Own Image: Recording and publishing images of a person generally require their consent, unless exceptions apply (e.g., persons of contemporary history).
- Right to Informational Self-Determination: The collection of image and sound data is considered processing of personal data within the meaning of the GDPR. The key principles here are transparency, data minimization, and purpose limitation.
Criminal Law Provisions
From a criminal law perspective, the following provisions are especially relevant:
- Violation of Highly Personal Privacy through Image Recordings (Section 201a StGB): Unauthorized recordings made in private settings are punishable.
- Violation of Confidentiality of the Spoken Word (Section 201 StGB): Unauthorized recording or transmission of non-publicly spoken words is a criminal offense.
- Violation of Copyright and Related Rights (Sections 106 et seq. UrhG): Illegal recording or exploitation of the performances of others can be prosecuted.
Special Areas of Application
Surveillance and Security
The use of audio-visual recordings and transmissions in video surveillance is regulated by data protection laws and the Federal Data Protection Act (BDSG). Private and public actors must assess on a case-by-case basis whether a legitimate interest exists and the interests of the affected parties are preserved.
Media and News Transmission
In the field of broadcasting and telemedia, the Interstate Broadcasting Treaty (RStV), the Media State Treaty (MStV), and the Telemedia Act (TMG) regulate the circumstances under which audiovisual content may be recorded or transmitted, including advertising rules, youth protection, and journalistic due diligence obligations.
Audio and Video Conferences
Especially in the world of work and education, audio-visual recordings and transmissions are playing an increasingly important role. Special information requirements and requirements for consent under the GDPR apply here, as well as, in part, employment law regulations regarding the recording of meetings and lessons.
Technical Framework Conditions
Recording and Transmission Technologies
There are various technical systems for capturing and transmitting image and sound, including analog and digital technologies, streaming solutions, video and audio recorders, as well as encryption methods to prevent unauthorized access. The choice of technology has a significant impact on legal requirements, especially regarding data security and access rights.
Distinction from Related Terms
- Sound Recording: Restricted to acoustic information; no visual elements.
- Image Recording: Pure photography or video without accompanying sound.
- Live Transmission: Real-time transmission without permanent storage, yet still legally relevant as processing personal data.
Special Features in an International Context
Many countries have similar protective mechanisms in the areas of data protection, protection of personality rights, and copyright, but the specific legal framework varies considerably, notably in Anglo-American and non-European jurisdictions. International agreements, such as the TRIPS Agreement or the WIPO Copyright Treaty, set minimum standards.
Case Law and Outlook
The development of new media technologies and digital transformation challenges existing regulations, leading to ongoing adaptations of legislation and case law. Balancing the use of technology, the areas of protection for affected individuals, and the legitimate interests of third parties is subject to continual development.
Conclusion: Audio-visual recordings and transmissions stand at the center of numerous legal regulations. Anyone creating, distributing, or receiving audiovisual content must consider the complex interplay between copyright, personal rights, data protection law, and criminal provisions. The dynamic evolution of technical and societal frameworks demands continuous engagement with these issues.
Frequently Asked Questions
Do I need consent from the persons concerned for audio-visual recordings or transmissions?
For the lawful creation and transmission of audio-visual recordings, the consent of the affected persons is generally required. This is derived from the general right of personality, protected by Article 2(1) in conjunction with Article 1(1) of the Basic Law, as well as explicitly by Section 22 of the Art Copyright Act (KunstUrhG) and the data protection provisions of the GDPR, specifically Article 6(1)(a) GDPR where personal data is processed. Without valid consent, which must be informed, voluntary, and unambiguous, recordings and especially their distribution or publication are generally not permitted. Exceptions to this requirement exist in individual cases, for example, if an overriding legitimate interest of the recorder prevails or the event is of contemporary historical significance (Section 23 KunstUrhG). In all other cases, ignoring these requirements may result in civil law claims for injunctive relief and damages, as well as criminal law consequences (see Section 201a StGB).
What legal consequences may arise from unauthorized audio-visual recordings?
Anyone who produces or distributes unauthorized audio-visual recordings risks various legal consequences. Under civil law, the affected person may assert claims for injunctive relief and, where applicable, for damages (Sections 823, 1004 BGB in connection with the general right of personality). Furthermore, unauthorized publication or dissemination may give rise to a claim for compensation for pain and suffering. In terms of criminal law, Sections 201, 201a, and 201b StGB are particularly relevant, criminalizing the unauthorized recording of spoken words, the production and transmission of image recordings, as well as the clandestine production and dissemination of such recordings. Depending on the case, imprisonment or fines may be imposed. Data protection fines according to Article 83 GDPR may also be applicable if personal data is processed without a legal basis.
In which cases are secret audio-visual recordings permitted?
Secret audio-visual recordings are generally prohibited in Germany and are only permitted in very narrowly defined exceptional cases. According to Sections 201 and 201a StGB, both the clandestine recording of non-publicly spoken words and the making and dissemination of image recordings without consent are punishable by law. An exception may exist if there is an overriding legitimate interest, for example, as evidence in criminal proceedings, but even in these cases strict requirements of proportionality and justification apply, and the measure is generally permitted only to investigative authorities based on relevant court orders or in absolute emergencies (self-defense, necessity). Private or journalistic initiative does not generally justify secret recording. Permissibility must be interpreted very restrictively, as otherwise the right of personality would be seriously infringed.
What is the legal situation regarding the transmission of audio-visual recordings in public spaces?
The Art Copyright Act (Sections 22, 23 KunstUrhG) applies in public spaces. According to it, people may only be recorded or published on images without their consent if they appear merely as incidental to a landscape or other location, participate in events of public interest, or the image is from the realm of contemporary history. Nevertheless, even in these cases, the interests worthy of protection of the depicted individuals must be weighed. In particular, no legitimate interests of those depicted may be compromised (Section 23(2) KunstUrhG). It must also be noted that data protection law applies in public spaces as soon as personal data is involved. Collection and transmission for commercial or governmental purposes are subject to further restrictions under the GDPR or national data protection law.
May audio-visual recordings be used as evidence without consent?
The use of audio-visual recordings as evidence in court is only permitted to a limited extent. As a rule, unlawfully obtained audio-visual recordings, especially if secretly made, may not be used as evidence due to the so-called exclusionary rule. However, the court decides on a case-by-case basis, weighing the interest in evidence against the personality rights of the person concerned (e.g., in cases of serious criminal offenses). The decisive factor is whether the material is indispensable and the infringement of the rights of the person concerned is kept to a minimum. In general, courts tend to take a restrictive approach to the admissibility of recordings made without consent.
What are the requirements for video surveillance in the workplace?
Strict legal requirements apply to video surveillance in the workplace, derived from the Federal Data Protection Act (BDSG) and the GDPR. Video surveillance is only permitted if it is necessary to protect the legitimate interests of the employer and no overriding interests of employees exist (§ 26 BDSG, Art. 6(1)(f) GDPR). The employer must clearly state the purposes of surveillance, maintain proportionality, and should generally prefer open monitoring. Covert surveillance is only permissible in case of specific, provable suspicion of a criminal act and as a last resort. Employees must be informed about the type, scope, and purpose of the surveillance, and special duties apply regarding documentation, IT security, and restrictions on access to the recordings. Violations may result in substantial fines and employment law consequences.
How long may audio-visual recordings be stored?
The storage period for audio-visual recordings is subject to the requirements of the GDPR, in particular the principle of storage limitation in Article 5(1)(e) GDPR. Accordingly, personal data may only be stored for as long as is necessary for the purposes for which it is processed. Thereafter, it must be deleted or anonymized. Additional statutory deletion periods apply in certain areas; for example, video surveillance in public spaces, where a short retention period (such as 48 to 72 hours) is generally regarded as proportionate. Longer storage is only permissible if there is a concrete justified interest in further processing, such as for securing evidence. The responsible body must be able to document and justify this on a case-by-case basis.
