DR. SARAFI lawyers obtain out-of-court success against a lawyer who advertised with our client with a selfie
From our press archive. This communication gives the status of the original publication of 12 September 2025 again. Subsequent developments in the process are not automatically taken into account.
Frankfurt/Main, September 12, 2025 — In another personal and media law case, we were able to reach a quick and successful out-of-court solution for our client, a well-known influencer, YouTuber and fashion designer. A lawyer had published a joint photo, which was originally only taken as a private selfie, on Instagram without consent for his own advertising purposes. As a result of our intervention, advertising was stopped and financial compensation was enforced.
What had happened?
During an event in Berlin, our client was asked for a selfie by a lawyer present there. Since our client, as a public figure, is regularly asked for photos, he readily agreed to the recording.
A few days later, however, it turned out that the photo had not been used privately but for advertising purposes. The lawyer posted the picture on his Instagram profile and linked it to a post referring to his legal services. This gave the objective impression that our client was receiving legal advice from him or was in business relationship with him, which was incorrect.
Legal evaluation: Consent to photo ≠ Consent to advertising
The lawyer initially claimed that consent to the selfie also included consent to its publication for advertising purposes. That line of reasoning is incorrect.
According to current case law (§§ 22, 23 KunstUrhG; st. Rspr. BGH) applies:
Consent to take a photo is not automatically consent to its publication — and certainly not to commercial use.
This is especially true if the photo gives the advertising impression of a business relationship or recommendation. Especially among public figures, the use of images for third-party advertising is highly sensitive by law and is regularly only permitted against payment.
Outcome: Omission + Compensation
After legal intervention, the lawyer issued a declaration of injunctive relief and undertook to pay financial compensation. Judicial proceedings were not necessary due to the opposing party's insight.
This ensured that
- the image is not reused
- there is no further commercial collection of our client,
- the economic damage is offset by an appropriate payment.
Why this case is important
The process exemplifies how often, in the world of influencers and celebrities, foreign photos are used for advertising purposes without legal verification — often in the mistaken belief that a joint photo is automatically considered “consent.”
The case makes clear:
- A selfie is not an advertising license.
- Marketing to third parties without consent is prohibited.
- Lawyers, doctors, coaches, agencies and service providers also risk omission, compensation and contractual penalties if they use images featuring well-known people as “reach enhancers.”
- Unauthorized use of images can quickly trigger four to five-digit claims — particularly among people with the economic market value of their image.
conclusion
Whether influencer, musician, presenter, athlete or entrepreneur: Anyone in the public eye should carefully check who they are allowing a joint photo. Consent to the recording does not prevent the image from being used for commercial purposes later without permission.
We regularly advise clients on issues of image rights, omission, compensation and social media image control, both preventively and in the event of a dispute.
For inquiries:
DR. SARAFI Rechtsanwälte
info@sarafi.de