A screenshot is quick to take. By now, most people are familiar with the shortcuts or key combinations on their computers, smartphones or tablets to quickly take a picture of the current screen. But are screenshots even allowed and what regulations are there regarding data protection and copyright for screenshots?
What do you have to consider when taking a screenshot regarding data protection?
Certain rules and laws apply to data protection in Germany. On the one hand, these are recorded in the GDPR – the European Union’s General Data Protection Regulation. On the other hand, there is the BDSG – the Federal Data Protection Act. This supplements and clarifies the GDPR in places that are left to the national regulations of the EU states.
Data protection laws and regulations are complex. The extent to which content is subject to data protection and how it must be handled can vary from case to case. In principle, however, personal information about a person that you find online is subject to data protection. This includes, but is not limited to, private chat histories, certain social media content and social media posts, personal messages and emails.
Clarify consent and purpose
Therefore, if you want to take and use a screenshot of this personal information or personal communication, you must obtain the consent of the person concerned. In this consent you also specify what purpose the screenshot should serve. This means that screenshots with information that is subject to data protection may only be taken with consent and used for a specific purpose. So you can e.g. For example, you cannot share or publish private chat histories as screenshots.
Adhere to storage rules and deadlines
You should also note that screenshots containing personal information are subject to certain retention rules and deadlines that you must adhere to. So you can e.g. B. Do not keep screenshots containing information subject to data protection longer than is necessary for the purpose. In addition, these screenshots should be stored securely digitally, i.e. not accessible to third parties, e.g. B. by being password protected.
Blur personal information on a screenshot
However, if a screenshot shows personal information next to content that is not subject to data protection, you may still be able to use that screenshot. For example, by obscuring the personally identifiable information. This can be done by blacking out or by “pixelating” areas.
This is easy to do with an image editing tool like Snagit. Snagit’s Blur tool lets you blur areas to protect personal information.
Snagit offers other useful tools for hiding sensitive information in a screenshot. For example, you can use the Remove Selection tool to: B. simply cut out personal data and replace it with neutral content.
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Important: If you are unsure how you can use screenshots while respecting data protection, then you should seek legal advice.
What do you need to pay attention to when taking a screenshot about copyright?
The copyright law of the Federal Republic of Germany regulates the use of copyrighted content. This includes creative achievements in the fields of literature (text), art (photography, painting, fine art, music, etc.) and science. The copyright to this protected content initially concerns the author of the work. He has the right to decide how and by whom his work may be reproduced, distributed, performed and made publicly accessible (including via the Internet).
However, copyright can also affect other rights holders, e.g. B. the photographer of a work of art, who then owns the rights to this photo. Or a musician who records a work and then owns the rights to that recording.
In addition, property rights/property rights can also play a role in copyright. For example, if you would like to photograph a work of art in a museum, the museum must agree to the recording and publication.
Obtain permission
If you would like to create and reuse a screenshot of copyrighted content – regardless of type – you need the permission of the author or rights holder. This is especially true if you want to use this screenshot commercially.
Public domain works
The copyright protection of creative works extends over the life of the author and 70 years after his death. After this time, works become public domain and can be used freely.
Quotation law, parody and satire
Under certain circumstances, you can use copyrighted content without the consent of the rights holder. One of these special regulations is the so-called quotation right. If you take a screenshot of copyrighted content in order to quote or comment on it in a journalistic, scientific or artistic context, this is permitted.
Another special regulation concerns parody and satire. German copyright law allows the use of copyrighted material for parodic or satirical purposes. However, the work must be the focus of the parody and may not be used for any other purpose.
Image rights and personal rights
The right to one’s own image is closely linked to copyright. So if you take a screenshot that shows people, you need their consent in order to continue using the screenshot.
Ancillary copyrights
If you would like to use a screenshot from a newspaper article or magazine article, you must take into account copyright and ancillary copyrights. These related rights are closely linked to copyright and protect e.g. B. the services of newspaper publishers, music labels or film producers against unlawful copying, distribution and exploitation of their products.
Since 2013, for example B. Search engine providers pay fees to publishers of press products in order to be able to display snippets of their articles in the search results. The ancillary copyright of press publishers is intended to ensure that those who invest in the publication and distribution of press products are appropriately remunerated.
Take secure screenshots with Snagit
Use Snagit to hide or blur sensitive information and protected content in screenshots.
Download the free test now
Copyright, ancillary copyright and image rights are complex and can vary from case to case. If you are unsure whether you can use a screenshot, please seek legal advice.
Disclaimer: This article does not constitute legal advice. Please contact data protection and copyright experts.