Which videos should you watch while stumbling?
Don't stumble while shooting a video
When members cannot go to the studio, the studio comes to the members
Whether it's the training video for your own members or an advertising clip for Facebook: So that nothing goes wrong legally, you should keep a few aspects in mind.
Lawyer Julia Ruch tells us what these are. The active triathlete has a law firm in Ulm that specializes in legal issues in the area of sports and fitness.
Observe personal rights
When it comes to the question of who can be seen in a video, personal rights are decisive. Everyone is free to decide whether and how they want to present themselves in public. Therefore, you need the consent of every person involved for the production and publication. It is best to have your consent given in writing - in the event that a legal dispute arises later. Anyone who does not agree must be made unrecognizable. The easiest thing to do, however, is to consult with everyone involved beforehand.
If employees of the studio are in front of the camera, you should absolutely obtain written consent from the employee for the publication and the duration of the video. This is the only way to continue using the video, even if the employment relationship with the employee is terminated. A revocation of consent is only possible if the video violates the employee's personal rights.
An exception to consent applies to people who happen to appear in the video, for example because they are walking across the meadow where you are currently recording the yoga video.
Special case of live streams
Live streams are real-time transmissions, for example via social media. In principle, the same legal requirements apply here as for all other videos that are permanently available on the Internet, but there are some special features - and these are important.
Since live streams can usually only be accessed at the time they are broadcast, they are legally comparable to traditional television. Therefore, additional regulations apply here specifically for permanently available content. For example, to ensure freedom of opinion, one needs approval from the state media authorities in the form of broadcasting or broadcasting licenses.
Such licenses are always necessary if the live stream can potentially reach more than 500 people at the same time. It doesn't matter whether 500 or more people are actually watching. Therefore, certain servers allow a maximum of 499 simultaneous calls. Incidentally, the license requirement does not apply if the state media authority grants an application for a radio-legal clearance certificate.
If the live stream takes place in a foreign location, permission must first be obtained. Otherwise, the owner or tenant can make use of the domiciliary rights, which can have the consequence that one can be sued for omission and the stream would have to be deleted.
Copyright also applies to video platforms. Therefore, to be on the safe side, you should only upload videos that you have filmed and recorded yourself.
The copyright also applies to the background music used. It is best to acquire a license for music use, because license-free music is often not released for commercial use either. Attention: Even if you do not advertise directly in the video, it is sufficient for the assumption of commercial use if the logo of the studio is recognizable.
Some video platforms offer an editor that can be used to add music to the soundtrack. This is legally made available directly from the platforms. Alternatively, there are various other platforms on which you can buy pieces of music with the appropriate licenses. The cost of a license is around 65 euros, depending on the provider.
And the competition?
Studio A is making a video about squats. Independently of this, Studio B is also making a video clip on the same topic. Is this already a copyright infringement?
In a narrower sense, copyright primarily protects intellectual property from literature, science and art. Therefore, the risk of a warning and claims for damages with sports videos is not too high. In order to avoid any disputes, however, you should refrain from adopting a 1: 1 exercise sequence from influencers or well-known personalities.
Certain choreographies or sequences of movements can also be someone's intellectual property. If there are allegations of plagiarism, the lawyers usually deal with the question of whether a so-called "core movement" exists and whether the sequence of movements is similar to a melody, which is then subject to copyright protection.
Good to know: As soon as the sequence of movements is integrated into a separate program, it is called machining. This, in turn, is allowed, since a new work is then usually created.
This is how you protect yourself
Accidents happen. Of course, this cannot be ruled out for fitness exercises either - especially not if the professional instruction takes place remotely and not "live" as in the studio.
By doing everything you can to minimize the risk of injury when performing the exercises, you can reduce your risk of liability. An effective means are, for example, information in the video that increases the participant's shared responsibility.
If your video is aimed at beginners, you should advise viewers to pay attention to suitable exercise conditions at home. For example, it makes sense to provide a non-slip exercise mat and, for example, good training shoes. Advice videos must indicate that the content shown is not a substitute for personal medical or psychological advice, examination or diagnosis by a licensed doctor. It is also important to note that the advice and instructions are not about healing promises, but rather the personal opinion of the creator and therefore you cannot guarantee success.
In the case of exercise courses, you should also point out that in addition to training at home, the audience should book course visits or a personal consultation with a studio or trainer as soon as this is possible again, so that any bad posture can be corrected.
About the expert
As a lawyer, Julia Ruch has specialized in advising service providers in the leisure and sports sector since 2015. The active athlete takes care of all legal issues of trainers, studio owners and organizers of sports events and camps so that they do not have to and are still secure and successful. Julia Ruch is the owner of aktivKANZLEI.
Contact: [email protected]
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