Am I allowed to take photos of artworks and then sell them?
March 31, 2022 | 50,00 EUR | answered by Piotr Gehrmann
Dear lawyer,
I have a question regarding photographing artworks and subsequently selling the photos. I regularly visit art exhibitions and museums and would like to take photos of the works to sell them later. Is this legally allowed?
My situation is as follows: I am a hobby photographer with a passion for art. I regularly visit exhibitions and museums to find inspiration and beautiful subjects for my photos. Now I would like to take photos of the artworks and offer them for sale on various platforms. However, my concern is that I may be violating the copyright of the artists or other legal issues may arise.
Therefore, my question to you as a lawyer is: Am I allowed to take photos of artworks and then sell them? Are there specific rules or restrictions that I need to consider? What legal aspects should I take into account to protect myself from possible legal consequences?
I would be very grateful if you could assist me in this matter and provide possible solutions. Thank you in advance for your support.
Kind regards,
Oliver Fritsche
Dear Mr. Fritsche,
Thank you for your inquiry regarding photographing artworks and selling the photos. It is understandable that you are concerned about possible legal consequences and want to ensure that you are not violating any laws. In the following, I will provide you with detailed information on this topic so that you can better understand the rules and restrictions you should be aware of.
In general, photographing artworks in museums and exhibitions is allowed as long as it is intended for your own private use. This means that you may take photos to enjoy the artworks, to remember them, or to share them with friends and family. However, you are not allowed to use the photos for commercial purposes, such as selling the images.
If you intend to take photos of artworks and sell them, you must obtain permission from the author or rights holder. Artworks are usually protected by copyright, and the right to take and sell photos of them lies with the author. Without the appropriate permission, you risk copyright infringement, which can lead to legal consequences.
There are exceptions and limitations that you can consider. For example, some artworks may be in the public domain, which means that the copyright has expired and you are free to photograph and sell the works. However, you should ensure that the specific artwork is actually in the public domain before photographing and selling it.
Another option is to rely on the copyright law, which provides certain exceptions for the commercial use of artworks, such as freedom of panorama. This allows you to take photos of publicly accessible artworks and sell them as long as you do not violate the author's existing rights.
In any case, it is advisable to seek legal advice before photographing and selling artworks to ensure that you comply with all rules and restrictions. A lawyer can help you understand the legal aspects and provide possible solutions to protect yourself from legal consequences.
I hope this information is helpful to you and supports you in your matter. If you have any further questions or need legal advice, I am happy to assist you.
Sincerely,
Piotr Gehrmann
