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| © D. Buesken |
As some of my regular readers may know I have recently begun selling fine art photos in my second Etsy shop as well as photographic products on Society6. Prior to opening my shops I researched the legal situation of selling photography. The rules and regulations may differ from country to country (and there are plenty), so I've compiled a list of information which seemed the most important here:
► In Germany there is the so called "freedom of panorama". Commercial photos are allowed of permanent art, monuments and landmarks, such as the Berlin Wall as long as it's from a public access point during day time. The same holds true for the famous Eiffel Tower in Paris, however, night-time photos of the tower are NOT allowed, since the light display is copyrighted. You will need to get a special permit from the company that owns the tower.
► obviously it is NOT allowed to take photos of military and energy facilities as well as air and seaports. If you are in a private property or government building you'll need permission from the owner to photograph (i.e. inside a shopping mall, museum, library etc.)
► there are a few restrictions for using a tripod (typically inside malls, train stations or subways where there is a lot of foot traffic) plus it is NOT allowed to photograph through a window looking in (such as photographing window displays or someone's living room). Again, you'll need special permission from the owner!
► street scenes including people: allowed for commercial use if the people aren't recognizable, however, if the photo includes people facing the camera and clearly visible, then it is best to ask their permission first, to avoid getting a cease-and-desist warning.
► obviously it is NOT allowed to photograph anywhere/anything there is a sign that says "no photography allowed" (you wouldn't believe how many people ignore this!)
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| via Society6 |
Einige meiner Leser wissen, dass ich vor einiger Zeit Fotodrucke in meinem zweiten Etsy Shop sowie Fotoprodukte bei Society6 verkaufe. Vorab hatte ich mich zu der rechtlichen Lage informiert, denn da gibt es jede Menge zu beachten! Zum Glück kann man in Deutschland (fast) bedenkenlos Kunstwerke, Gebäude und Skulpturen ablichten, insofern diese auf öffentlichen Plätzen stehen und permanent sind. Hier gibt es die sogenannte "Panoramafreiheit". Wichtig ist, dass man das Foto aus einer zugänglichen Strassenperspektive macht und nicht aus einem angrenzenden Gebäude heraus fotografiert! Dagegen nicht erlaubt sind Fotos von vorübergehend ausgestellten Kunstwerken. Bei Strassenszenen bin ich immer vorsichtig. Lieber fotografiere ich menschenleere Orte, als später eine Abmahnung zu bekommen, weil da ein deutlich erkennbares (fremdes) Gesicht im Vordergrund zu sehen ist!
Special Offer
From today through Sunday 9th March, PMT get FREE SHIPPING on all Society6 products, except framed art prints, stretched canvases and throw pillows with insert by clicking this PROMO LINK
Linking up with my friend Verena today!
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I had no idea there would be so many restrictions on selling your photography but I guess some of that does make sense
ReplyDeleteI have to wonder how many people selling photos on Etsy have ever even thought about the issues you've so carefully researched. I'm very impressed with how responsible you're being and that you're sharing what you've learned with others!
ReplyDeleteSmart thinking to look into this before selling your prints. Who would have know about the Eiffel Tower at day vs. night.
ReplyDeleteOh my! I never realized there were so many rules like these. The research was a smart thing to do!
ReplyDeleteYour photo is gorgeous! I'm looking forward to seeing tulips bloom soon in the yard.
It's great that you did this research! I bet most people don't bother. And I had no idea that the Eiffel Tower's light show was copyrighted!
ReplyDeleteReally interesting, especially about the Eiffel Tower! I took a photography business course a few years ago that briefly touched on these kinds of laws. It's kind of scary how easy it is to get into trouble!
ReplyDeleteGreat post! I had no idea about the Eiffel Tower either. Good luck on your new photographic ventures..I'm sure you'll do great!
ReplyDeleteInteresting tidbit about the Eiffel Tower! I bet a lot of people don't know that.
ReplyDeletelovely pic, and thanks for sharing all this info!
ReplyDeleteWe have similar rules here about tripods, etc. You usually have to get permission first, though a lot of people ignore that rule. Also, I know there have been some really high profile lawsuits against artists and photographers that used images of people when they had not given their permission first, so I try to be really careful of that. It's a shame because "street photography" and candids/portraits of strangers are some of my favorite photos, but I don't sell any of those. Most of the time, I don't even share them on my blog. It would be impossible to get permission from every person on the street each time you take a photo. And people are so obsessed with their privacy these days that I almost think street photography as an art form is disappearing. If a person has given you permission first, then they are already aware of the camera and the portrait won't be natural.
ReplyDeleteThe one thing that does bother me a lot is when I see people selling photos of other artists work, such as a sculptures or street art, etc. There's just an ethical boundary there that I wouldn't cross, even if it were technically legal.
Interesting about the daytime only rule. Good thinking to check into the regulations!
ReplyDeleteYour photo is gorgeous! No problems with taking pics of flowers, I wouldn't think :)
Interesting post! I didn't know about the Eiffel Tower too. We visited the Rijksmuseum yesterday and I made some pictures from the Nightwatch, and the crazy amount of people in front of it making photo's of the painting. But I don't feel comfortable sharing it on my blog.
ReplyDeleteBeautiful photo of the tulips, Duni! We should all take a lesson from you and do our homework before doing something new. You just never know what the laws might be.
ReplyDeleteSuper great explanations here! I love your photography...you are such a talent!
ReplyDeleteLiebe Duni,
ReplyDeletedas ist ja echt interessant! Vielen Dank, dass Du Dich informiert hast und es uns auch noch mitteilst.
Ich habe einmal auf einem Flohmarkt fotografiert und man sah auch das Gesicht eines Käufers. Ich hatte ähnliche Ängste wie Du.
Liebe Grüsse
ANi
Thank you for sharing the rules Duni. I don't know if we also have such thing in the Philippines. I was particularly struck by the policy about the Eiffel Tower.
ReplyDelete