Just taking a picture of a pretty building shouldn’t be a problem, right? Basically yes! In these cases, you should ask for permission.
Especially on vacation you want to capture as many memories as possible. Selfies and snapshots of sights accumulate on the camera. This includes buildings – but is that even allowed?
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According to the information platform iRights info, copyright for buildings only applies from a certain “creation level”. That means: A building must represent the result of a personal intellectual creation. In other words: is it individual and original or is it everyday?
Public buildings may be photographed
Copyright law is interpreted broadly on this issue, which is why most architectural designs and constructions, or even parts of them, are protected by copyright, according to iRights.info. For photographers, it means they have to ask permission to take a picture of the building. Actually. If these buildings are on public paths, streets or squares and you can see them from there, the freedom of panorama applies.
In the case, also known as “freedom of street photography” according to iRights info, photographers are allowed to snap and share the images without prior permission. Without this regulation, vacation snapshots would not be possible. Logistically, it would simply not be possible to ask permission in advance for every picture of a building.
In these cases one should be careful
The freedom of panorama for temporary works of art is interpreted a little more strictly when it comes to commercial use. If works are only in a public place for a short time – for example the wrapped Reichstag – one would have had to ask the creators of the work of art Christo and Jeanne Claude for permission to use the recordings in advance. Therefore the tip: It is best to find out about the legal situation on site – before taking photos.
According to the information platform, indoor photography is only possible with permission. Because: These cannot be seen from the street and therefore do not fall under the freedom of panorama. The same applies to buildings that are covered by a privacy screen such as a hedge. Photographers should definitely ask for permission in advance so as not to violate the personal rights or privacy of potential residents.
However, the copyright of a building expires after 70 years. According to iRight, photos can be taken from both the outside and the inside. The only restriction: the buildings must be accessible and the owner may not enforce his domiciliary rights.
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