Answer & questions

The Internet is not beyond the law. The law of the Federal Republic of Germany also applies here. When you accept our general terms and conditions, you undertake not to violate the rights of third parties (especially trademark, copyright and personal rights) and to fully release and hold harmless the operator of this memorial website from any claims by third parties resulting from the associated articles.

You will find answers to questions asked frequently by users below:

What legalities do I need to observe in order to upload a photo of the departed?

Pictures may only be disseminated or put on public display with the consent of the person depicted. According to § 22 German Law on the Protection of Copyright in Works of Art and Photographs (KunstUrhG), the consent of the relatives of the pictured person is required for up to ten years following the death of the pictured person. Relatives within the meaning of this law are the surviving spouse or partner and any children of the pictured person and, in the absence of a spouse or partner or children, the parents of the pictured person.
 

Can I post photos and videos depicting other persons?

According to § 22 German Law on the Protection of Copyright in Works of Art and Photographs (KunstUrhG), pictures may only be disseminated or put on public display with the consent of the person depicted. If the picture contains a number of persons, the consent of all persons must be obtained. Anyone who publishes pictures of acquaintances and friends must therefore first ask for permission. The consent of legal representatives must be obtained in the case of minors.
Without the required consent, publications of images are deemed lawful in the following exceptional cases (§23 KunstUrhG):
  1. Pictures portraying an aspect of contemporary history;
  2. Pictures in which the person only appears as an accessory in addition to a landscape or other localities;
  3. Pictures of gatherings, public processions and similar activities in which the pictured persons have taken part;
  4. Pictures not produced within the framework of an order, insofar as the dissemination or exhibition serves a greater artistic interest.
Pictures that come under the heading of contemporary history include, for example, photographs of leading politicians, film actors, poets, scientists or persons who attract public attention through their conduct in specific situations. These pictures may be published if the persons are of special informational interest. A picture of the children of celebrities with their parents is only permitted in the framework of official receptions.
A person is an accessory in a picture if s/he only appears in a marginal capacity such that his or her absence would not change the character of the picture. These exceptions only apply, however, insofar as the legitimate interests of a pictured person are not violated. Defamations or public exposition of persons are not permitted (§ 23 para. 2 KunstUrhG).
For additional information on rights to own pictures, please see here.
 

What legalities do I need to observe in order to upload contents (e.g. photos, text, videos or music pieces), which do not originate from myself?

Authors, copyrights and, if appropriate, the publisher and source must always be cited. Publication is only permitted with the consent of the author. If the required consent is not available or if the author is unknown, a third-party article may not be published.
Responsibility for posted articles always lies with the person who posted and published the article in this portal.
 

May I post protected contents if I have approval to publish from the copyright owner?

Yes. You must have approval in writing. You must also insert the following text below your article according to the example provided below:
Copyright ©
By courtesy of YourCompany, YourName in month/year - YourPublishingHouse, YourCopyright Holder – website address if appropriate.
.

Which works are not protected?

Text, images, photos and anything created artistically or intellectually by an individual may be published copyright-free if the respective authors have been dead for at least 70 years.

What do I have to note additionally when uploading music pieces?

You have the following options for uploading music in conformity with the law:
  • You can use one of the music pieces supplied free of charge by us from the music gallery to which we hold extended licensing rights. You may use these music pieces freely.
  • You can of course also upload music played by yourself (or the music of a friend or acquaintance with his or her approval).
  • Or you can purchase royalty-free music for a one-time fee of €25 - €40 (e.g.soundtaxi). Music is also available completely free of charge from jamendo and comes with a very nice title.
  • Or you can pay an annual contribution to Gema for the music used. This may be less costly than is generally assumed. You will find the applicable GEMA tariffs here. Point II of the remuneration rates VR-W I for private websites (with no commercial benefit on your part) lists an annual cost of approx. €35 per 120,000 hits (date: November 1, 2009).

What legalities do I have to observe in particular if I upload third-party poetry or text?

Poems by third-party authors, excerpts from these as well as other texts by third parties must not simply be quoted without the consent of the respective authors. It is also not permitted to simply make reference to the author (e.g. "Poem by Erich Fried" or "Poem from the website www.erichfried.de").
The annotation "Author unknown" is also not sufficient in the same way as changing a text or placing a different name under the quote.

Can I insert a hyperlink to a text or other content published on the Internet?

Yes. Instead of integrating text, images, music pieces or video directly on the page, you can simply create a hyperlink (to the official homepage of the respective artist, band, etc.).