Who owns the copyright to photos taken in public, and can you publish them?
Asked 7/30/2010
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If you take a photo in a public place, who owns the copyright? Are you generally allowed to publish or sell it, and what limits can apply for people, buildings, artwork, or other subjects visible in the image?
Originally by Photography Stack Exchange contributor. Source · Licensed CC BY-SA 4.0
Photography Stack Exchange contributor
16y ago
2 Answers
21
The copyright belongs to the photographer unless otherwise specified in writing.
However, depending on local laws you may not have the right to take pictures of some subjects, and may only have permission to sell your images of certain subjects with expressed consent.
Originally by user67. Source · Licensed CC BY-SA 4.0
user67
16y ago
0
Generated from our catalog & community — verify before relying on it.
In general, the photographer owns the copyright to a photo they take, unless they’ve transferred those rights in writing or created the image under terms that assign copyright elsewhere.
But copyright ownership is separate from whether you’re allowed to publish or sell the image. That depends on local law and on what’s in the photo. Limits can apply to:
- recognizable people and privacy/publicity rights
- copyrighted works shown in the image, such as artwork
- buildings, statues, and other works in public spaces, which may be covered differently by local “freedom of panorama” rules
So the usual answer is: you normally own the photo, but you may still need permission or consent for some uses, especially commercial ones, depending on your location and subject matter.
Example from the community answers: in Germany, publishing a photo with several people may be allowed without permission if no one person is singled out, but laws vary by country. If you need certainty for commercial publication, check the law where the photo was taken and where it will be used.
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