{"id":2342,"date":"2023-09-28T08:10:00","date_gmt":"2023-09-28T06:10:00","guid":{"rendered":"https:\/\/kayhelena.work\/by-law-or-decency\/"},"modified":"2026-02-20T17:07:58","modified_gmt":"2026-02-20T16:07:58","slug":"by-law-or-decency","status":"publish","type":"post","link":"https:\/\/kayhelena.work\/en\/by-law-or-decency\/","title":{"rendered":"By Law or Decency"},"content":{"rendered":"\n

“What am I actually allowed to do?”… “Right?” and “Decent?” are fundamental. And we should ask ourselves these questions. <\/p>\n\n

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! <\/em><\/p>\n\n

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.<\/p>\n\n

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.<\/p>\n\n

Besides: We live in Germany. So we can assume that there’s a rule for everything.But not all of them are written down. <\/p>\n\n

There are various legal sources…<\/h2>\n\n

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).<\/p>\n\n

For the curious:The Art Copyright Act, in KunstUrhG \u00a7\u00a722-24, \u00a733<\/a><\/em>, regulates, among other things, that there is a “right to one’s own image”<\/em>, that it applies beyond death, and that violations are punishable.<\/p>\n\n

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. <\/p>\n\n

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.).<\/p>\n\n

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.<\/p>\n\n

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.<\/p>\n\n

“Outside” is not a lawless space. Definitely not! <\/p>\n\n

Thus, the Federal Nature Conservation Act \u2013 among many, many other things \u2013 in BNatSchG \u00a759 + \u00a760<\/a><\/em>, stipulates that “open landscapes” on paths and unused areas are accessible to everyone (for recreation). However, at one’s own risk. <\/p>\n\n

The State Forest Act of NRW stipulates in LFoG NRW \u00a7\u00a72-6a<\/a><\/em> that entering forests (for recreation) is permitted<\/em> \u2013 but:<\/p>\n\n