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Job site photos: secure the release before you publish

Show reference photos lawfully: make the release a fixed step at handover, use four fields on the sheet and keep a status note on every file in the media library.

16 min read BildrechteEinwilligungReferenzenFotografie

The reference page is built, the grid is waiting for pictures – and then the phone calls start. Whether the photo of the workshop hall may be shown. Who the man in the foreground actually is. Whether the photographer from back then can still be reached. Those follow-up questions cost more time than the photography itself, and they arrive at the worst possible moment: months after the job, when the contact person has changed and nobody remembers who is standing in the picture. Yet the order is a choice. Whoever collects the release during the job has it when it is needed. Legally, a job photo carries more than a courtesy: Section 22 of the German Act on the Protection of Copyright in Works of Art allows portraits to be distributed only with the consent of the person shown, after that person's death the consent of the relatives is required for a further 10 years, and anyone reusing someone else's photo moves inside protection periods of 50 and 70 years. This text does not turn that into legal advice; it turns it into a workflow: a release line with four fields, a note on the file – and three everyday cases where things otherwise stall.

The release belongs in the job, not in a phone callFour fields at handover, one note on the file, a library without follow-up questionsStep 1Job acceptedStep 2Photos are takenStep 3Handover with releaseStep 4Filed with a noteRelease line on the handover sheetWho releasesname, role, signatureWhat forwebsite, reference page, postsUntil whenopen ended or a dateWithdrawal toone address, one sentenceProof of consent: Article 7 paragraph 1 GDPRMedia library: the note on the filehall-north-03.jpgreleased until 31 Dec 2029releasedbathroom-07.jpginterior shot, consent pendinginternal onlyarchive-2014-11.jpgauthor unknownblockedHow long someone else’s photos stay tied upPhotograph: 50 years after publicationPhotographic work: 70 years after the author’s deathSection 72 paragraph 3 and Section 64 of the German Copyright ActOld images are not a free stock

Alongside that sits the General Data Protection Regulation, because a recognisable face is personal data. For a workflow inside a company, the burden of proof matters more than the legal basis: where processing is based on consent, the controller has to be able to demonstrate that the data subject has consented (Article 7 paragraph 1 GDPR). A nod on the building site is not a form of proof. That is precisely why the release is a line with a name and a date rather than a memory. How origin and rights differ per image source – stock photo, team photo, generated image – is set out in the summary of stock photos, team photos and AI images.

The two-minute test

Open your own reference page and take the third image from the top. Who took it? Who agreed to publication? When, and for how long does that agreement hold? If any of those answers comes from memory rather than from a file, the page rests on recollection rather than on a release. The test takes two minutes and says more than any checklist about whether the workflow holds.
  • Name and role of the person shown: employee, customer, guest, neighbour
  • The uses in plain words – your own website, reference page, posts on social networks, printed material
  • A note that an image on the internet can be copied and that later removal only covers your own page
  • The duration: open ended or up to a date that sits in the calendar
  • The route for withdrawal: one address where a single sentence is enough
  • Date and signature, or an email confirmation that stays findable in the mailbox

With employees, voluntariness comes on top: consent collected alongside an employment contract only counts as consent if saying no carries no consequences. It has proven useful to treat team pictures and work pictures separately and to ask one fixed question when someone leaves: does the picture stay or go? Whoever decides who in the company may publish at all will find the matching roles in running a website as a team. For pages that deliberately address young talent, the look at apprenticeships on the website is worth adding, because young faces take centre stage there – and minors follow their own rules, as described for a daycare website with enrolment and child photos.

The provision that is rarely quoted

Section 33 of the Act on the Protection of Copyright in Works of Art makes distributing a portrait contrary to Sections 22 and 23 a criminal offence: imprisonment of up to one year or a fine. Paragraph 2 limits the whole thing, because the offence is prosecuted only upon application. In the daily life of a company, a dispute about a photo practically never ends before a criminal court but with a demand to take the picture down. The provision still shows how much weight the legislator gives to consent: it is not a formality to be handed in later.

Case 2: the photo was taken at the customer's

Anyone replacing a boiler in a basement is photographing inside someone else's house. Access comes with the job; photography does not, and publication even less so.

Several threads run at once here: the property rights of the owner or tenant, the personality rights of the residents, and in business premises whatever hangs on the wall in the background – machine schedules, customer lists, technical drawings. An agreement that only covers the component does not cover the room.

For interiors, criminal law draws an additional line. Section 201a paragraph 1 of the German Criminal Code makes it an offence to produce or transmit, without authorisation, a picture of another person who is in a dwelling or a room specially protected against view, thereby violating that person's most personal sphere of life; the range extends to two years of imprisonment. The everyday case is far more harmless and still delicate: in the photo of the new bathroom, the family's laundry sits on the shelf and family pictures hang in the hallway. That is not criminal law, but it is the reason why interior shots need their own agreement and do not simply fall under a general release for job photos.

Scroll table sideways

Where the photo was takenWho has to agreeWhat the release should state
Exterior view from the public streetnobody in addition, as long as no person is recognisablelocation and the reference to Section 59 of the Copyright Act
Customer's propertyowner or tenant, through their property rightsaccess for photography and publication, named separately
Interior of a dwellingthe residents, in addition to the people shownwhich rooms are shown and what must not appear in the frame
Customer's business premisesmanagement, and depending on the company the works councilconfidentiality, unreadable documents, release per image
Building site with several tradesthe client and each affected companynaming other firms, vehicles and logos in the picture

Freedom of panorama helps outdoors and only to a point. Section 59 paragraph 1 of the German Copyright Act permits works permanently located on public ways, streets or squares to be reproduced, distributed and communicated to the public by photograph. Sentence 2 narrows it: in the case of buildings, these rights extend only to the external appearance. That is the basis for the facade of the new building, not for the hall seen from inside. The difference is visible while shooting: from the street and without aids – then the provision carries; from the neighbouring plot, from the yard or from a ladder – then it does not.

Three sentences for the site visit

“We photograph the work for our own website – is that all right?” settles the shooting. “May we show the picture on our website and in our posts?” settles publication. “Should anything disappear from the frame – a name plate, a number plate, documents?” settles the rest. Three sentences at the start save the long follow-up at the end, and recording them in the handover sheet produces the proof along the way.

The periods are long enough that the age of an image is no argument. A simple photograph is protected under Section 72 paragraph 3 of the Copyright Act for fifty years after publication; a photographic work falls under Section 64, according to which copyright expires seventy years after the author's death. Section 13 comes on top: the author has the right to be recognised as the author of the work and may determine whether the work is to carry an authorship designation – a missing credit is therefore a point of its own and not a harmless oversight. And anyone using a work without the right owes damages under Section 97 paragraph 2, which may also be calculated on the basis of the amount the infringer would have had to pay as reasonable remuneration.

  1. Establish the origin: who took the picture, when and on whose behalf – file name, metadata and the old invoice all help
  2. Find the contract or quote from back then and read the line about rights of use, not the headline
  3. Check whether the intended use appears in it: new website, new domain, social channel, print, advertising
  4. Ask the photographer if the paperwork is silent – a short written confirmation is cheaper than any research
  5. If nothing can be clarified: retire the image and replace it instead of dragging it along in the library

The cost comparison that shortens the decision

An afternoon with a camera on your own building site costs half a day rate. A dispute about someone else's photo costs the lawyer's reply, the removal, the replacement – and the weeks in which the reference page has a gap. Where the origin of an image cannot be clarified in twenty minutes, taking a new picture is usually the shorter route. That holds in particular for pictures that already look older than the company's current standard.

The release line: four fields are enough

A release does not have to look like a contract in order to hold. Four fields cover the questions that get asked later, and they fit on the handover sheet the company has signed anyway.

The advantage of this form is organisational rather than legal: it gets filled in because it sits where a signature happens anyway – not in a folder someone would have to go looking for.

Who grants it

Name, role and signature of the person entitled to decide: the customer for their property, the employee for their own picture, the client for the building site. If only a company name appears here, the contact person is missing later.

What it covers

The uses named one by one: own website and reference page, posts on social networks, printed material, advertisements. Whatever is not written down does not count as released – which protects both sides from a later dispute.

Until when

Open ended or with an end date. A date has the advantage of being visible in the library and triggering a reminder before it runs out, instead of leaving an image running unnoticed for years.

How to withdraw

One address and one sentence are enough. Article 7 paragraph 3 of the General Data Protection Regulation gives the data subject the right to withdraw consent at any time and requires withdrawal to be as easy as giving consent.

A release line that fits on the handover sheet
Release for photos from this job

Job:           [number, site, date]
Released by:   [name, role]
Covers:        own website, reference page,
               posts on social networks
Not included:  advertisements, transfer to third parties
Duration:      open ended / until [date]
Withdrawal to: [company email address]
Images:        [count], file list attached

Place, date, signature

Withdrawal is the point where a release fails in practice – not because it happens often, but because nobody is prepared for it. Article 7 paragraph 3 of the General Data Protection Regulation records that withdrawal must be as easy as giving consent and that the lawfulness of processing carried out until then remains unaffected. Translated into a company: one email is enough, the picture disappears from the page within a few days, and nobody has to correct anything retroactively. For that to work, you have to know everywhere the image sits – which is exactly what the note in the library is for. That a right of withdrawal in consumer business also affects the order side is shown in the piece on withdrawal in website contracts.

What a release does not cover

Agreement to your own website is not agreement to passing the image to a supplier, an association or a trade magazine. Nor is it agreement to paid advertising in which the same picture plays a different role. Whoever knows about such uses includes them at the time of the job; whoever does not, leaves them out and asks in the individual case. A concrete question about a concrete occasion usually gets an answer – a blanket release held in reserve rarely gets a signature.

The note on the file

A release that sits in a folder rather than on the image is lost after the second change of staff. The status therefore belongs on the file: whoever pulls an image into a page should see at the same place whether they may.

The file name does not carry that. An identifier like IMG 4821 says nothing at all, and a prefix such as ok hyphen survives nobody's third month, because it disappears at the first rename.

  • Release: granted, missing, or usable internally only
  • Who granted it, with a date – the name is enough, the document sits next to it
  • What the release covers, in the same words as on the form
  • Until when it holds, so that an expiry becomes visible before it arrives
  • Who took the picture and whether an author credit is requested
  • Which job it belongs to, so that image and reference text find each other

This is exactly where XICflow starts: the media library keeps a field for the release status on every image, and the blocks for references and project pages pull their motifs from the same library. How those blocks are built is described in the handbook under media and showcase; the daily work with images, posts and project pages sits in the section on content, media and blog. What of that belongs to the scope of service is shown in the overview of features, and how a page comes about from enquiry to publication is described in the four-step process.

Scroll table sideways

Note on the imageWhat happens on the pageWhat the company sees
Release granted, open endedimage appears on the project page and in the selection listgreen note with the name and date of the release
Release until a dateimage is shown until the date is reacheda notice before expiry, with time to ask again
Internal onlyimage stays in the library and appears in no selectionyellow note with the reason
No releaseimage belongs on no public pagered note and the open question next to it
Origin unclearimage is listed as unresolved and never suggesteda note saying which detail is missing
  • The detail: seam, joint, connection, transition – close enough that neither place nor person is recognisable
  • Before and after from the same position, without a view into private rooms
  • Material and tools in your own workshop, with your own team and your own release
  • The exterior view from the public street, when the building is the motif
  • The crop instead of the wide shot: whatever falls outside the frame needs no release
  • A drawing or plan, as long as no customer details appear on it

Where it gets tight, a sober assessment helps more than courage. With recognisable people and no agreement, with interior shots of other people's homes and with images of unknown origin, going without is the cheapest decision. When something larger is coming up – a campaign, a company film, customer pictures in paid advertising – the review belongs in expert hands. This text describes a workflow inside a company and does not replace legal advice in an individual case. How customer logos and reference mentions are to be judged beyond that is set out in showing client references and logos legally.

Portraits may only be distributed or publicly displayed with the consent of the person depicted.

Act on the Protection of Copyright in Works of Art, Section 22 sentence 1
  • A release line with four fields on the handover sheet, printed and in the vehicle
  • One fixed address for withdrawals that stays reachable after a change of staff
  • One field on the image in the media library that carries the release status
  • A list of images with unresolved origin, with a date for the decision
  • A rule for employee pictures when someone leaves, written down in three sentences
  • A fixed date each quarter for reviewing releases that are about to expire

The pictures themselves do not suffer from that order – they tend to improve, because what may be shown is already settled while shooting. How project photos are used in a trade with many outdoor shots is shown by the example of landscaping and garden construction. What a well-kept reference section does on a finished page can be seen in the example pages. Technically, only the question of format and alternative text remains, which the piece on images on the website answers.

The sentence that carries the reference page

“We are allowed to show this picture, and we can demonstrate why.” If that sentence holds for every image on the page, the work is done. It holds not through caution but through a line filled in at handover and a note attached to the file. Everything else – searching old emails, calling a former customer, quietly leaving out good motifs – follows from a missing order of steps.
Sources: this article draws on the versions of the Act on the Protection of Copyright in Works of Art (Sections 22, 23 and 33), the Copyright Act (Sections 13, 31, 59, 64, 72 and 97) and the Criminal Code (Section 201a) published at gesetze-im-internet.de, as well as on the General Data Protection Regulation (Article 7) in the version published on EUR-Lex.