Can you legally photograph a landmark without paying the artist?
In short: The right to capture the world around us is not a universal constant. Depending on where you stand, a photo of a public sculpture might be a free expression of art or a costly copyright violation. This legal tug-of-war defines who owns our visual reality.
Freedom of panorama (FoP) is a copyright exception allowing the creation and distribution of images featuring buildings and sculptures permanently located in public spaces. While it seems like a fundamental right, the rules vary wildly by jurisdiction. In Germany, for example, the permission is strictly tied to the photographer's location; images must be taken from public ground without using aids like ladders or airplanes. In contrast, Austrian law is more permissive, making the photographer's specific location irrelevant.
FoP's origins date back to the 1800s. To ease rigid copyright regulations, Bavaria established a similar provision in 1840, which later became a general German statute by 1876. However, other nations historically restricted visual representation for different reasons: France used privacy protections in the 19th century, and Italy restricted engravings of archaeological sites in the 18th century to protect cultural heritage.
Modern debates center on commercial exploitation and digital rights. In 2015, a European Parliament debate highlighted a rift: some MEPs argued for a unified FoP to preserve 'our journeys' for future generations, while others claimed this allows tech giants to bypass paying artists. For instance, the French collective management society ADAGP argued that a lack of restrictions could lead to an annual loss of 3 to 6 million euros in royalties. Meanwhile, some scholars argue that liberal FoP models disadvantage indigenous communities by allowing 'offensive reproductions' without permission.
Even where FoP exists, nuances remain. Swiss law allows for two-dimensional art like murals, provided they aren't utilised for identical functions as the primary pieces. In Belgium, while the Atomium landmark can be photographed and shared freely, rightsholders still assert that commercial uses may require prior permission and royalty fees.
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Sources
- Summary by Intellect · source: Freedom of panorama
- Also: Art Institute of Chicago — Panorama · CC0 (data); description CC BY 4.0
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