Am I allowed to publish photos of artworks in museums or galleries?
July 16, 2022 | 50,00 EUR | answered by Isabel Tressel
Dear Media Law Attorney,
My name is Alwin Walter and I have a question regarding the publication of photos of artworks in museums or galleries. I recently took some photos of artworks in various museums and galleries and would like to publish them on my website or on social media. However, I am unsure if I am legally allowed to do so.
The background is as follows: I am a hobby photographer and regularly visit museums and galleries to find inspiration for my photography. Often, I take photos of the artworks that I would like to share. However, I am concerned that I may be infringing on copyright or other legal regulations.
Currently, I have taken the photos but I am not sure if I have the right to publish them. My concern is that I do not want to face legal consequences for unknowingly breaking laws. Therefore, I am seeking a clear answer on whether I am allowed to publish the photos of the artworks and if so, under what conditions.
My question to you as an expert in media law is: Am I allowed to publish photos of artworks in museums or galleries? Are there specific regulations I need to follow to respect copyright and avoid legal issues? I would greatly appreciate your assessment and any possible solutions.
Thank you in advance for your help.
Sincerely,
Alwin Walter
Dear Mr. Walter,
Thank you for your inquiry regarding the publication of photos of artworks in museums or galleries. I understand your concerns and would like to help you avoid legal problems.
It is important to know that artworks in museums or galleries are protected by copyright. This means that photos of these artworks, known as photographic works, are also subject to copyright. Copyright grants the author the exclusive right to decide on the use of his work, including the publication of photographs of it.
There are some important legal aspects to consider when publishing photos of artworks. Firstly, you should check if the artwork is still protected by copyright. In Germany, there is a protection period of 70 years after the author's death. If this period has expired, you are free to photograph and publish the artwork.
If the artwork is still under copyright protection, you should consider obtaining permission from the author or rights holder before publishing the photos. Museums and galleries often have their own guidelines for photographing artworks that need to be followed.
Additionally, you should ensure that the photos are not published in a way that could harm the reputation or interests of the author. Commercial use of the photos without permission could also lead to legal consequences.
In conclusion, it is important to check the legal framework before publishing photos of artworks in museums or galleries and, if necessary, obtain the required permissions to respect copyright and avoid legal problems.
I hope this information is helpful and I am available for any further questions.
Best regards,
Isabel Tressel
