Am I allowed to share pictures of artworks on social media?
May 31, 2024 | 30,00 EUR | answered by Alice Falk
Dear copyright lawyer,
I am reaching out to you because I have uncertainties regarding the use of images of artworks in social media. My name is Marie Herrmann, an art lover who enjoys sharing my passion for artworks with others. I regularly visit exhibitions and take photographs of the artworks that I particularly like. Now I am wondering if I am allowed to share these images on my social media without infringing on copyright.
So far, I have posted some of my favorite images of artworks on Instagram and Facebook to share my excitement with my friends and followers. However, I have heard that it might not be allowed to distribute images of artworks without the artist's or rights holder's consent. I am worried that this could lead to legal issues, even though I only want to showcase the works to express my admiration.
I am therefore wondering if there is a way to share images of artworks on social media without violating copyright. Are there specific rules or exceptions that allow for photographing and posting artworks online? Should I ask for permission beforehand or is there a form of Fair Use that permits the use of artworks in social media? I would greatly appreciate it if you could provide me with legal advice on this matter so that I can be confident in the future that I am operating within the bounds of copyright law.
Thank you in advance for your assistance.
Sincerely,
Marie Herrmann
Dear Mrs. Herrmann,
Thank you for your inquiry regarding the use of images of artworks on social media. It is understandable that you are unsure, as copyright law is a complex and often confusing legal area. I will try to answer your questions as comprehensively as possible so that you can feel confident in handling artworks on social media in the future.
In general, artworks are protected by copyright. This means that the author of the artwork, typically the artist, has the sole right to decide on the use and distribution of their work. This includes photographing and publishing images of the artwork. Without the permission of the author or rights holder, you could potentially violate copyright law.
However, there are some exceptions and rules that may allow you to share images of artworks on social media without infringing copyright. One possibility is to comply with the so-called right of quotation. This means that you may only show an image of an artwork if it is in connection with a critical discussion or commentary on the work. For example, you could post an image of an artwork and share your opinion or interpretation of the work.
Another option is to comply with the so-called freedom of panorama right. This allows you to photograph and distribute images of artworks located in public places. In this case, however, you must ensure that the artwork is not the main focus of the image and that no commercial interests are pursued.
It is always advisable to seek the permission of the author or rights holder before sharing images of artworks on social media in case of doubt. This way, you can ensure that you do not encounter any legal issues and act in accordance with copyright law.
I hope this information is helpful and that you can share your passion for artworks on social media without worry in the future. If you have any further questions, please feel free to contact me.
Sincerely,
Alice Falk
Copyright Lawyer
