There is no general valid answer to that question. This is about the protection of a personal right, the so-called “right in one´s own picture”. If the circumstances ensure this right, consent must be given by the person (respectively all persons) on the photo. According to § 78 UrhG, pictures of people may not be...
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In copyright law it is not necessary to demand omission from somebody before suing him/her. It is assumed that someone who violates the copyright law once will do so again and thus, there is danger of recurrence. Thus, the danger of recurrence also exists after immediate termination of the violation. The defendant would have to...
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