In public spaces, photographing buildings, landscapes, and people as incidental subjects is allowed; when people are the main subject, publication usually requires consent. On private property, the owner’s right to control access applies, and photographing without permission is prohibited. Special prohibitions apply, for example, to military facilities, courthouses, and children. Drone photography is subject to additional aviation regulations. If in doubt, you should politely ask for the legal basis or call the police.
Category: Photography Basics > 9. Law & Society Article ID: 9.1 Created: May 2026
The Essentials at a Glance
- In public spaces, you may generally take photographs—buildings, streets, landscapes
- People as the main subject: Taking the photograph itself is allowed, but publication usually requires consent (→ Article 9.2)
- On private property, the owner’s right to control access applies—you may not take photographs without the owner’s permission
Explanation
The Basic Principle: Distinguish Between Two Questions
German law strictly distinguishes between:
- Taking a photograph (the act of capturing it)
- Using a photograph (publication, sale, distribution)
Both are assessed separately under the law. You may take photographs in many situations—sometimes you may not publish them.
In Public Spaces: Generally Allowed
In publicly accessible spaces (streets, squares, parks, paths), taking photographs is generally allowed:
- Buildings, bridges, monuments, sculptures → freedom of panorama (→ Article 9.3)
- Landscapes, nature, cityscapes → freely allowed
- People as incidental subjects ( случайно in the image, not the main subject) → allowed
- People as the main subject → taking the photograph is allowed, but publication requires consent (→ Article 9.2)
On Private Property: Observe the Owner’s Rights
On private property, the owner decides. This also applies to privately owned places that are open to the public:
- Shopping centers, train stations, airports, museums → the owner’s right to control access applies; photography bans may be possible
- Zoos, amusement parks, concert halls → check the admission terms (photography bans are common)
- Private homes/property → never without permission
Identifying feature: If a place has an enclosure (fence, wall, gate) that keeps unauthorized persons out, the owner’s right to control access applies. Gates/doors that are standing open allow access—but the owner can still impose a photography ban.
Special Prohibitions and Restrictions
| Place/Object | Regulation |
|---|---|
| Military facilities | Photography prohibited; criminal law applies |
| Courthouses (during hearings) | Photography prohibited in the courtroom |
| Accident scenes | Photographing victims is prohibited (§ 201a StGB) |
| Industrial facilities (security areas) | Owner’s rights + any applicable security regulations |
| Children (in a sexual context) | Absolute prohibition (→ Article 9.2) |
What About Drones?
Drone photography is subject to additional rules:
- Aviation law (Air Traffic Regulations): Not allowed over crowds, roads, nature reserves, etc. without a permit
- Over private property: Permission from the owners is required
- Over 250 g MTOW: An EU drone pilot certificate is required (A1/A3 category)
Practical Tip
If in doubt, the rule is: have the police called if you believe you are in the right—do not argue. Police officers are not lawyers and are sometimes mistaken. If someone claims that taking photographs is prohibited, politely ask for the legal basis. If they cannot provide one, the prohibition probably does not apply. If you have genuine doubts: clarify the matter legally afterward rather than escalating at the scene.