If a statue, a monument or a building appears in a photograph you took in the street, does a copyright problem arise? Art. 40 of Law No. 5846 grants a freedom here.
The Content of the Rule
Under the article, works of fine art permanently placed on public roads, streets and squares may be reproduced by drawings, graphics and photographs, disseminated, displayed in public places and thereby made use of.
| Element | Content |
|---|---|
| Where | Public roads, streets and squares |
| How placed | Permanently - in a lasting way |
| Which work | Works of fine art |
| What is freed | Reproduction by drawing, graphic and photograph, dissemination, display in public places |
The Limit for Architectural Works
So photographing the exterior appearance of a building and filming its interior are not subject to the same regime.
Works Put Up for Auction
The same article governs one more case: works put up for auction may be publicly exhibited and used in catalogues.
Where Is It Useful in Journalism?
- Images of squares, monuments and statues in city reporting
- The exterior appearance of buildings in architecture stories
- Permanent works in public space in culture and arts reporting
- Archive images - photographs of permanent works in public space
A Frequently Confused Point
| Situation | Assessment |
|---|---|
| You photographed the statue in the square | Freedom under Art. 40 |
| You are using someone else's photograph of the statue | The photographer's right comes into play - Art. 40 does not cover this |
| You filmed the interior of the building | For architectural works the freedom relates to the exterior form |
| You photographed a temporary installation | The "permanently placed" condition may be contestable |
Keep an Image Source Record
Where an image came from is the first question asked in a copyright dispute. On the software side, the source and licence of every image should be recorded.
We cover the other image questions in the stock image guide, the social media photos guide, the screenshots guide and the AI images guide.
In Case of Infringement
We cover the calculation of damages for copyright infringement in the copyright damages guide. If you are in doubt about using an image, consult a lawyer practising intellectual property before using it.
Summary
- Works of fine art permanently placed on public roads, streets and squares may be reproduced, disseminated and publicly displayed by drawings, graphics and photographs.
- For architectural works the freedom relates only to the exterior form.
- The freedom relates to the work itself - it gives no right to use someone else's photograph.