Preamble
The Foundation of Prussian Palaces and Gardens of Berlin-Brandenburg (SPSG) takes care of about 300 buildings, mainly buildings of historic importance, thousands of art treasures as well as almost 800 hectares of historic parks and gardens in Berlin and the Federal State of Brandenburg. A big portion of them is listed with the UNESCO as world heritage.
It is the task of the SPSG to protect this cultural heritage and the outstanding buildings and cultural monuments being in charge of the Foundation and promote their reputation.
At the same time, these cultural assets shall be made accessible to the public, and their evaluation shall be possible in the interest of the general public. For this purpose, the SPSG publishes the front pages of its own visual images on the website www.fotothek.spsg.de.
In addition, the SPSG generally allows in its premises both indoor and outdoor to make photos and films. This Guideline defines under which conditions photos and films can be made without specific permission, which shootings are subject to permission and, in certain cases, to the payment of fees, and which are prohibited. Furthermore, the Guideline lays down the conditions for the publication and utilization of photo and film shootings.
The precept for the permission or prohibition of photo, film and TV shootings is always careful and respectful dealing with the cultural assets of the SPSG. When shooting photos and films, the specific park rules hung out at the entrances of the parks and buildings (see www.spsg.de) the house rules (see https://www.spsg.de/schloesser-gaerten/hausordnung-schloesser/and the Foundation Premises Regulations https://www.spsg.de/stiftung/stiftungsanlagenverordnung/(in German) are to be kept and possible restrictions for conservational, technical and organizational reasons to be observed. Instructions given by staff members of the SPSG have to be obeyed. In addition, rights of third parties, in particular rights of ownership, copy rights and personal rights, are to be respected.
I. Exemption from the need for permissionZustimmungsfreiheit
- The shooting of photos and films is allowed in the outdoor premises without needing previous permission if, under conditions of normal visitors traffic, no additional technical equipment (such as ladders, spotlights, reflector screens or the like) is used and no further staff members (such as models, actors / protagonists, make-up artists, stylists, assistants or the like) are present, provided that careful and respectful dealing with the cultural assets is ensured. The use of tripods and flashlight is allowed in the outdoor areas.
As a matter of principle, the use of unmanned aerial vehicles is not permitted: https://www.spsg.de/forschung-sammlungen/bibliothek-fotothek-archive/fotothek/informationen-zur-bildnutzung-und-zur-kommerziellen-erstellung-von-bildmaterial/drohnenverbot/ (in German).
- Indoor shootings made under conditions of regular visitors traffic without additional technical equipment and / or staff (as described above) are allowed when the photos and films are shot after having bought an admission ticket. Exempted from this permission are areas with expressly designated prohibition of taking photos (e. g. special exhibitions and particularly marked loan collections).
Publication and utilization of photos and films specified under items I.1 or I.2 are allowed without previous permission provided that this is in line with careful and respectful dealing with the cultural assets and with the reputation and position of the SPSG.
This includes also the publication of such photos and films on social media pages, e. g. on Facebook or in blogs, as well as on platforms like Wikimedia and Google. The same holds good for the publication of photos showing subjects of SPSG premises in image portals and the commercial utilization of photos or films.
II. Commitment to obtain permission
- For photo, film and TV shootings with additional technical equipment and / or staff (e. g. model shootings, promotion purposes, film and TV shootings for feature films, series, documentory films, music videos and cinema productions), it is necessary to obtain a written permission from the SPSG in advance. The granting of the respective permission is subject to the dutiful discretion of the SPSG, which means that the Foundation will deliberate whether production, publication and utilization
- are in line with careful and respectful dealing with the cultural assets;
- correspond with the reputation and position of the SPSG;
- may result in dangers or unreasonable hindrances to the regular visitors traffic.
- Exempted from this requirement for permission according to item II.1 are shootings made within the framework of current reporting by the media. Due to organizational, technical and conservational details required when making such shootings, they have to be applied for with the SPSG and coordinated with it.
- The SPSG can charge a fee for granting permission.
Such a fee is subject to the scope of the shootings, the hindrances caused by them as well as to the object and artistic and cultural value of the reason for shooting. The target values for fixing the fees can be found in the schedule of fees (PDF in German).
- The SPSG can refrain from charging fees partially or completely, in particular
- in the case of reports made on the occasion of important historic events finding big public interest,
- for films produced by the Filmuniversität Babelsberg „Konrad Wolf“ and comparable state-owned institutions or institutions supported by the state,
- for art history, cultural or touristic documentary films focussing on SPSG buildings, art treasures and gardens, thus advertising them,
- for other adequate advertising by editorial use of photos or films dealing exclusively with objects of the SPSG.
- The SPSG reserves the right even in cases of exemption from paying fees to condition its consent on refund of costs. This implies the compensation of staff, factual or financial expenses accrued on the part of SPSG in connection with shootings, for example personnel costs for shootings made at times of closure. In such cases, the flatrates fixed in the schedule of fees will be applied accordingly.
- With regard to the publication and utilization of such shootings, the regulation fixed in I.3. is applied.
III. Responsibility
The responsibility for photo, film and TV shootings on topical events lies with the press relations officer (e-mail: presse(at)spsg.de).
For photo, film and TV shootings used in the PR work of the Foundation as well as shootings for tourist purposes, the Marketing Department is responsible (e-mail: marketing(at)spsg.de).
The contact partner for other photo, film and TV shootings, in particular shootings for scientific and commercial purposes, is the Schlösser & Sammlungen [Palaces & Collections] Department (e-mail: fotothek(at)spsg.de).
IV. Asserting our legal rights
In cases of shootings, publications and utilizations without having obtained previous approval of the Foundation or for shootings, publications and utilizations the scope of which goes beyond the original approval or contradicts with the requirement for careful and respectful dealing with the cultural assets, the SPSG will assert its legal rights.
V. Coming into effect
The Guideline will come into effect upon a resolution taken by the Foundation Council. The Foundation Council finalized the Guideline on 3rd June 2021.
