Legal situation when using aircraft drones

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There are legal limits for the private use of drones. In principle, you may use flying drones for private leisure (§ 20 LuftVO) up to a weight of five kilograms without permission, as long as you fly the drone in direct visibility, without first-person-view glasses and not higher than 100 meters. The use in the proximity of industrial plants, airports, crowds and misfortunes is always prohibited without special permission.

Special regulations for camera drones

Particular care should be taken if your drone can record videos and photos. Many, if not all, aviation authorities always require a permit for unmanned aerial vehicles for camera drones. If you want to use a flight drone, then you should definitely inform yourself about the applicable regulations in the respective state. In addition, you should check your insurance, because you are liable in principle for any damage caused by the use of the drone. It is therefore important that your liability insurance, such as a drone crash, pay for this damage.

Aerial garden

To photograph your own garden from above: who does not want that?

If the flight of the drone over the property interferes with the right to privacy and the general right of personality, the person concerned may have a claim for injunctive relief against AG AG Potsdam Az. 37 C 454/13). You should also note that the unauthorized taking of images of a person who is in an apartment or in a particularly protected area of ​​insight, punishable (§ 201 a Penal Code), if the inclusion of the most personal area of ​​life is violated. For this it is already sufficient that the live view function is activated. In addition, especially the right to own picture (§§ 22, 23 Art Copyright Act), the right to privacy (Art. 1, 2 Basic Law), the copyright and the data protection law must be observed. For example, images of people may not be published without their consent. Also with buildings there are restrictions. It is crucial that the pictures can not be linked to a name or an address and that no personal items can be seen on the photo (AG München Az. 161 C 3130/09). According to the Federal Supreme Court, one can not rely on the freedom of panorama from the Copyright Act (Az. I ZR 192/00).

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