I would like to use a photo of a public building on my website. Is that allowed?
August 31, 2023 | 50,00 EUR | answered by Johann Kock
Dear Media Law Attorney,
My name is Greta Wagner and I run a website where I report on architecture and public buildings. I would like to use a photo of a specific public building on my website to give my readers a better impression. However, I am unsure if this is legally allowed.
The current situation is that I have already found the photo on another website where it is used without any mention of copyright infringement. Nevertheless, I am concerned that I may be violating copyright if I simply publish the photo on my own website.
My question to you as an expert in media law is therefore: Is it allowed to use a photo of a public building on my website? Are there possibly special regulations or exceptions that apply in this case? What possible legal consequences could it have if I publish the photo without the author's permission?
I would be very grateful if you could help me in this matter and show me possible solutions to ensure that I do not encounter any legal problems.
Thank you in advance for your assistance.
Sincerely,
Greta Wagner
Dear Mrs. Wagner,
Thank you for your inquiry regarding copyright and the use of photos of public buildings on your website. It is understandable that you are concerned about possible legal consequences, and I will do my best to assist you with your issue.
In general, the use of photos of public buildings is not necessarily straightforward, as copyright law can also apply in this case. In many cases, these buildings are in the public domain and can therefore be freely used. However, there are some important points to consider to ensure that you do not commit a copyright infringement.
First and foremost, it is important to know that copyright usually does not apply to buildings themselves, but to photos or illustrations of these buildings. This means that the photographer who took the picture usually holds the copyright to the photo. So if you want to use a photo of a public building, you must ensure that you have the photographer's permission to use the image.
In your case, where you have already found the photo on another website and it is being used there without any indication of a copyright infringement, it is still important to respect the rights of the photographer. The other website may have acquired the necessary rights to use the photo, but that does not automatically mean that you are also allowed to use the photo.
To avoid committing a copyright infringement, I recommend contacting the photographer and asking for their permission to use the photo on your website. Alternatively, you can try to license the photo through a stock photo agency to ensure that you have the necessary rights.
If you publish the photo without the author's permission, legal consequences could arise. The photographer could claim damages or demand a cease and desist declaration. It is therefore advisable to clarify the necessary rights in advance to avoid legal issues.
I hope this information is helpful to you and that you can soon present your readers with a meaningful image of the public building. If you have any further questions or need assistance, please feel free to contact me.
Sincerely,
Johann Kock
Media Law Attorney
