“What am I actually allowed to do?”… “Right?” and “Decent?” are fundamental. And we should ask ourselves these questions.
Even though I am discussing some legal points here, which I have tried to understand for myself personally and privately without legal advice:
I disclaim any liability for damages that may arise from this post. This post is not a substitute for legal advice!
For all those who are disappointed that I’m not (yet) writing about photography or the beauty of nature:
I didn’t delve into this topic without reason.
If I want to pursue the goal of showing people the beauty in nature, perhaps even rekindling their love for nature, then I must also be allowed to do so.
Besides: We live in Germany. So we can assume that there’s a rule for everything.
But not all of them are written down.
There are various legal sources…
While for photos featuring people, we would deal with the right to one’s own image and the General Data Protection Regulation, in nature, we first only need to take good pictures (more on that another time).
For the curious:
The Art Copyright Act, in KunstUrhG §§22-24, §33, regulates, among other things, that there is a “right to one’s own image”, that it applies beyond death, and that violations are punishable.
There is no right to the image of one’s own property.
What there certainly is, is the right to prohibit entry to one’s own property.
There is also the right of domicile. And there is special protection for privacy.
Various laws stipulate that a home, privacy, family, and children all enjoy special protection.
Things can be photographed, especially buildings, (in Germany) at least if they are permanently installed in public spaces or visible from public spaces without special aids (ladders, telephoto lenses, etc.).
Being allowed to take a photo (especially: privately!) does not mean being allowed to publish or exploit it.
Especially with works of art in public spaces, there is probably a lot to consider.
When we are in nature, there are different rules of the game.
Rules that have less to do with photography than with the protection of our environment.
Overall, we have it “relatively” calm.
“Outside” is not a lawless space. Definitely not!
Thus, the Federal Nature Conservation Act – among many, many other things – in BNatSchG §59 + §60, stipulates that “open landscapes” on paths and unused areas are accessible to everyone (for recreation). However, at one’s own risk.
The State Forest Act of NRW stipulates in LFoG NRW §§2-6a that entering forests (for recreation) is permitted – but:
- …with many exceptions and conditions
- …at your own risk
- …also for the purpose of environmental education in small groups
- …the protection of the “forest community of life” always takes precedence
- …open landscapes on paths and unused areas are accessible to everyone (for recreation)
…But only one “real” rule: decency
The terms “not forbidden,” “permitted,” and “right” describe completely different things.
I am a fan of Kant’s Categorical Imperative. This sentence, which we probably know from school, has a lot to it!
“Act only according to that maxim whereby you can at the same time will that it should become a universal law.” Immanuel Kant: Akademieausgabe IV, 421
It basically doesn’t matter at all whether a piece of nature is also a nature reserve.
It doesn’t matter whether we would imagine ourselves acting on behalf of education.
It is irrelevant whether…
Well. Endless.
The only question is whether we believe that what we are doing (or want to do) is acceptable even if everyone else did it.
Surprisingly often, the answer is: “Heavens! No!”
We should always move through nature with the utmost consideration. The same applies to how we treat our fellow human beings and what is important to them.
When in doubt, we should forgo a motif. A good picture begins with our inner attitude.
And that is much easier said than done!
The topic of “decency” will come up again and again in one form or another. Because in one interpretation or another, it definitely influences how we can (decently) photograph nature.
The next post will be about the terms “mindfulness,” “respect,” and “humility”.
…And how they can help us create good, often even impressive and mostly beautiful pictures…
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