User talk:AFBorchert

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Molas Pass in the Rocky Mountains

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Consent question[edit]

Hi AFBorchert,

I just uploaded this picture from a busy street in Berlin containing one or two identifiable non-notable (as far as I know) persons. After uploading it I came to think of that I had not asked for consent, and I had a look at Commons:Country specific consent requirements#Germany, where it is mentioned that consent is required in Germany for publising the photo for commercial use. However, there are some exceptions, such as "Picture of a landscape or locality where the person is an insignificant or coincidental element (Beiwerk)." Do you think the photo falls under this exception, or should I rather nominate it for deletion? Thanks in advance. -- Slaunger (talk) 20:34, 10 June 2015 (UTC)

Hi Slaunger, per § 23 (1) 2. KunstUrhG a publication of such a photograph can be permitted if the inclusion of the depicted people is purely accidental, making this a case of de minimis in German law. In this particular photograph it appears to be helpful that the first row of people cannot be recognized as their backs are shown and they cover even partially the faces of the second row. I would suggest to add {{personality rights}}, though, as alterations like a crop that focuses on a particular person on the photograph can be an issue. In addition, {{FoP-Germany}} should be added in regard to the depicted sculpture. Regards, AFBorchert (talk) 05:56, 11 June 2015 (UTC)
Hi AFBorhert,
Thanks for your kind and precise advice. I have added the two templates you suggest. Regards, -- Slaunger (talk) 16:31, 11 June 2015 (UTC)


"And finally we should not speculate about his personality." Thank god, someone dared actually say it. Face-tongue.svg Revent (talk) 01:14, 22 June 2015 (UTC)