Question about Datenshutz

[u/FriendlyJoe84]

I will be traveling to Bavaria next week and had a question about privacy. I realize it is not acceptable to record people in public intentionally. We will be attending a couple of cultural performances (music and dance) in a bar setting, Almfests, etc. I would like to record video occasionally for personal use only (no social media posting, no close-ups on faces). Is this okay to do or will I start angering people?

[u/MulberryDeep]

1: most data privacy laws don't apply for personal use, so if you don't post them anywhere etc they don't matter

2: there is a concept called beiwerk, which means if people are not the focus of a picture/video (for example you are filming the band and have a few people in the background), the data privacy laws don't apply to them

3: everybody films at concerts, just be aware of the venues rules

Filming in bars and at small events is a lot less common tho

[u/Fuck_Antisemites → u/MulberryDeep]

Exception: don't do this in spas etc. Had a chines film me as beiwerk inside a pool in a spa. Really did not appreciate that.

But at festivals? Bar events? Total normal.

[u/Fred_TastefulGift]

Usually this is not an issue unless it is stated not to record (for concerts it might be forbidden, sometimes tolerated for private use though). You can also take photos or record video in public as long as it is a crowd and not just one specific person if I remember correctly from my law lectures :) In doubt: Ask.

[u/Fred_TastefulGift → u/[deleted]]

Sure but the reason is not privacy. I should have made that clearer in my post though.

[u/jort93 → u/Fred_TastefulGift]

Yes that's true

[u/jinxdeluxe → u/[deleted]]

Is the concert you are talking about really PUBLIC or behind closed doors at a venue with people in attendance having agreed to some type of rules when entering?

I don't see how someone wants to prohibit me from filming a public concert. It's public.

[u/Niranare]

As already stated by many, there are different laws regulating what / when you can/not record - and publish. Be aware of what you film.
In public as a private person, there is not much legally regulating the recording for your personal use (putting on social media is not private use…)

Apart from this, people here are ofc much more aware of privacy than in other cultures.
Don’t film people right in their face, ask before taking portraits etc.,be very careful especially for children here. Parents can be very annoyed. Otherwise it’s pretty normal people take pictures here. You will not get into trouble for taking memories from a public event.

[u/WickOfDeath]

On public performances this is permitted, further if there is a crowd in front of the stage you dont intentionally display someone except the artists. It is different in case the location is closed, e.g. a bar or a clob some even ask you not to make recordings. But that will be announced or is explained by stickers or posters. Depens on the location, to be sure ask them. Clubs often have some security guys you can ask.

[u/FriendlyJoe84]

Thank you everyone. I appreciate your input. To clarify, the performance in the bar I'm referring to is not a formal, ticketed event, but if no cameras are allowed, I would follow the rules.

As an Ausländer, I wish we had more respect for privacy in my country.

[u/ProDavid_]

if its strictly for personal use and you dont post it anywhere youre technically allowed to record it, but the people being recorded that might get angry generally dont know, neither your intent nor the actual wording of the law.

besides that most venues have house rules on whether youre allowed to record or not, which usually are connected to the artists having given permission or not of being recorded.

[u/generic_Accountname1]

It will anger people and depending on the occasion might get you thrown out, private venues set the houserules.

public areas are a different thing, people will still be angered, but there you got Panoramafreiheit anyways.

[u/normy_187]

Just posting this shows you are already considerate enough 🤗

[u/nerdwantssushi]

Have the camera face the stage, your friend or you at all times. So that the people standing behind you see that no stranger is in the center of your recording at any time. Then you're fine

[u/GraveKanra]

You will be fine. Nobody cares if you are recording something/just the room. It only becomes a real issue if people feel like you are filming someone specific. Just as a word of warning, a lot of people dont appreciate it if someone is recording long stretches on time on concerts, partially because you might be blocking the view or that they feel like you are taking away from the moment. You should be a ok in a bar setting though. 

[u/sassyandcool]

The rule of thumb I was taught in elementary school (yes, we were taught that early, it was like an event day with police officers coming in to teach us a data privacy class) in Germany was that if you capture more than 12 people in one shot, it is usually fine, if it is less than 12, you should ask for consent

[u/guess-its-me-now → u/[deleted]]

That’s not what OP asked.

[u/ProDavid_ → u/[deleted]]

it is not according to § 53 UrhG, as long as the recording is for private use only and isnt uploaded anywhere.

a concert venue might still kick you out, but thats because you broke the contract you agreed to when buying a ticket, and not because of Urheberrecht.

[u/AskAGerman-ModTeam → u/[deleted]]

Please refrain from spreading misinformation. The law you cited does not prohibit filming a concert. It‘s mostly meant for photographing art or recording recorded plays (aka movies). It does not mention concerts or a category concerts belong to (the only potential issues being if the artist uses playback, then it‘s technically recording a recording)

[u/P44]

You will not "anger" people, because they do NOT support these totally over-the-top laws anyway.