Guideline image material

The images we publish in our store are subject not only to certain minimum technical standards, but also to legal and ethical standards that we adhere to.

All images in our store are exclusively genuine photographs of real people. AI-generated images or content do not meet our standards for high-quality wall art. The images are created by us or our premium partners or licensed through artists and art galleries. We ensure that all images comply with applicable copyright laws.

Freedom of panorama

Picture of a church and a chair

Germany copyright law generally applies to buildings, bridges, and all other types of structures. Normally, the architect, builder, or owner may decide whether a photograph, drawing, or video of their work may be used (Section 2 UrhG). However, there is an exception to this rule, known as freedom of panorama (Section 59 UrhG). Freedom of panorama applies to both privately produced photographs or drawings and commercial use.

According to Section 59 UrhG, it is “... permissible to reproduce, distribute, and publicly display works that are permanently located on public paths, streets, or squares by means of painting or graphics, photography, or film. In the case of structures, these rights extend only to the exterior view.”

Interior shots

Interior shots are generally not subject to freedom of panorama, even if the area is open to the public. Even if you have obtained a photography permit, e.g. for museums, this only applies to the creation and, if applicable, subsequent publication of the photos for private use.

If you want to use the images commercially, you need written permission from the owner. Larger institutions, such as the Zollverein Coal Mine Industrial Complex, offer this for a fee, but in some cases you can obtain it free of charge or by offering to make the images available to the owner for use free of charge.

Temporary installations and exhibitions

Freedom of panorama also does not apply to temporary installations or exhibitions, even if they are intended to last for a longer period of time, e.g., over many months. Rule of thumb: The works to be photographed must be permanently attached to the ground. Example: The Reichstag in Berlin is subject to freedom of panorama, but Christo's wrapping of it in 2005 was a temporary installation—photographs of it may not be used commercially.

Light installations and drones

Light installations and projections are also not covered by freedom of panorama, for example, an LED light show using drones. Speaking of drones: drone footage is also not covered, although the legal situation here is still somewhat unclear. Courts have sometimes ruled in favor of photographers and sometimes against them. This may well change in the future when drones become part of the cityscape and virtually everyone owns one. At present, we advise against using drone footage commercially and therefore do not accept it.

Public does not mean freely accessible

Another important restriction on freedom of panorama that is unfortunately often forgotten is that the photograph must be taken from a publicly accessible location without the aid of ladders or similar equipment. A beautiful panoramic shot of the city church from the hotel room opposite is therefore not permitted. Even if you photograph a public building from private property, this is not covered by freedom of panorama. Also important to know: Freedom of panorama for buildings only applies to the facade, so if areas inside can be seen through one or more windows, this does not apply.

People

People must not be recognizable in the photographs, unless they are insignificant accessories, i.e., they are not in focus and cannot be recognized.

Castles and palaces

Picture of castle Altena

One special rule applies to many castles and palaces: Since these are usually private properties, freedom of panorama no longer applies once you have entered the grounds. Even if they are public parks or castles, this may be restricted by the owner, for example the federal state. The Bavarian Palace Administration, for example, requires a fee-based photography permit for exterior shots of its castles.

For Neuschwanstein Castle, for example, it states: “Commercial use of state property is not permitted without authorization, which means that commercial photographers are not allowed to take photographs on our property without prior authorization.”

Summary 

Panorama freedom is fraught with pitfalls, but if you are aware of them and comply with the legal framework, you can make good use of it as a photographer to offer images commercially.

Here is a summary of the most important points:

  • Photos must be taken from a publicly accessible location
  • No aids such as ladders or similar may be used
  • The subject depicted must be permanent and enduring
  • Indoor photos always require approval, even if the area is freely accessible
  • No persons may be recognizable in the photos

If you submit image material to us as a Premium Partner, you can follow the guidelines above. As a rule, we require a copy of the owner's written consent for all indoor photographs that are to be published. If people are recognizable in the photograph and are not merely incidental to the photograph, we require a copy of the person's written consent.

We cannot publish photos that show children or minors.

Since freedom of panorama only applies in Germany, please check the applicable regulations of the country from which you wish to provide us with images. Below, we have listed some informative links on this topic.

https://www.gesetze-im-internet.de/urhg/

https://www.juraforum.de/lexikon/panoramafreiheit

https://www.urheberrecht.de/panoramafreiheit/

https://helpx.adobe.com/de/stock/contributor/help/known-image-restrictions.html

https://phototravellers.de/panoramafreiheit-das-gilt-fuer-fotografen/

Note: This text does not constitute legal advice. If in doubt, we recommend contacting a specialist copyright lawyer.