Can I sell photos that include public sculptures or other public art?
Asked 10/21/2010
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What are the copyright issues if I sell a photo that includes a sculpture or other artwork permanently installed in a public place? I’m mainly interested in UK/EU law. For example, if I photograph a public sculpture from a public location, can I later sell prints or license the image commercially? Does it make a difference if the artwork itself is a major subject of the image rather than just incidental?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
15y ago
2 Answers
9
I am no lawyer and do not claim to know about this however I can refer you to the UK Photographers Rights which is a great PDF summarising many of the points written by a lawyer.
In it is says:
It is not an infringement of copyright to take photographs of buildings, sculptures and works of artistic craftsmanship that are permanently situated in a public places
though I advise you read the whole PDF in context as there are many restrictions and times this does not apply. The PDF also highlights when there is a difference between commercial selling and private use so worth a read.
That said personally I agree with sebastien.b answer to get a release (which is also mentioned by Scott Kelby in his photography book) as you then know you are covered.
Remember as the PDF says If you require full legal advice please consult a lawyer.
Originally by user560. Source · Licensed CC BY-SA 4.0
user560
15y ago
0
Generated from our catalog & community — verify before relying on it.
In the UK, photographing buildings, sculptures, and works of artistic craftsmanship that are permanently situated in public places is generally allowed, and taking/selling such photos is typically not copyright infringement. That said, the exact rules vary by country, so EU-wide or worldwide answers are not uniform.
A few cautions:
- Commercial use can raise extra issues beyond copyright, including property releases, trademark, contract, trespass, or unfair competition concerns.
- The safest approach for commercial use is to get a release when possible.
- Some works have separate protected elements even if the structure itself is public. A common example is the Eiffel Tower: daytime photos are generally fine, but the nighttime lighting design is separately protected and may require authorization.
So: in the UK, a public sculpture permanently installed in a public place is generally photographable and saleable, but exceptions exist and other legal rights may still apply. If the image is for commercial licensing or advertising, check local law carefully and consider a property release.
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