One legend goes… that if you have paid admission to a museum, then you are allowed to photograph what’s inside, and license those photos

False.  Don´t take out the DLSR so fast!

Fact.  A museum or gallery that charges admission is a private space.  When you enter that space, you do so under the conditions or “rights of access” that they establish.  Those conditions might be things like: Don’t touch the artwork, don’t take the artwork, or don’t take photos of the artwork.  So, when you pay to enter a museum, you must check the conditions that are established in that place.  Is there a “No Photography” sign posted or is it mentioned within the conditions on the back of the ticket or on the website?  If there is, and you ignore it, then you have breached your contract of access with that museum.  Even if there is a security guard smiling and nodding at you as you take the photos.

Paying to visit a museum doesn’t give you unlimited rights of access (such as taking photos).  By choosing to buy a ticket and enter their space, you are accepting their restrictions of your rights of access.  A careful photographer will know what his or her rights of access are

Another legend goes… if you took photos in the museum without violating the museum’s restrictions of access (see urban legend # 1 for more info); than you can distribute those photos through a Royalty Free collection (such as Pixtal or easyfotostock).

Fact.  Even if you are allowed to take a photo of the artwork, that doesn’t mean that you can license that photo for any use.  If the artwork is not in the public domain*, your photos can be used to promote/discuss the artwork itself, but can not be used to promote potato chips. Here we could really complicate things by talking about the application of editorial use, moral rights, whether the creator is dead or alive, and other such issues, but we’ll keep it simple at this point.

Royalty Free images can be used by clients for whatever purpose and for as long as they wish.  Therefore, photos taken of artwork inside museums (and outside as well) should never be submitted for an RF license.  They should be submitted to RM only and clearly marked “for editorial use.”

As a photographer, when considering what legal precautions to take, you should always overprotect yourself because the receiving end of a lawsuit is a lonely place to be. 

*In many countries, a work of art falls into public domain when its creator has been dead for more than 70 years. In this case the work becomes available for wide use by the public.  Works of art that aren’t in the public domain are protected by copyright, and must be photographed and offered with caution.

[Please note that this text is intended to provide you with some general guidelines about photography in museums and should not be taken as legal counsel.]

Actions: E-mail | Comments (7) |


April 27. 2010 00:09
¿What about photos taken in catholic churches?

April 29. 2010 09:44
¿What about photos taken in catholic churches?

Our experience indicates that if the church is open to the public and taking photos isn’t prohibited, a photographer shouldn’t have problems taking and even licensing images of the interior.  However, since those images can not be used for any use, you should submit them for RM licensing.  Otherwise, if a company wanted to sell “sanctified popcorn” with your RF images of the local cathedral, there might be a problem…  

June 28. 2010 08:48
excellent advice, shooting artworks is always a tricky issue.  Rightfully there is a copyright to respect.   With the resolution of top end cameras in excess of 20MP, the galleries really do have something to worry about

December 19. 2010 19:25
hello, I'm from China,the first time to your blog

December 21. 2010 04:08
hello, like your blog,I agree with it.

December 22. 2010 10:41
hello, like your blog,I agree with it.

May 26. 2014 10:17
This will increase your chances of walking away with a budget friendly used automobile. Major brands can be seen on sale both and also in stores this year. They may cut their losses if ever the profits don ' t flow.

Add comment

  Country flag

  • Comment
  • Preview

Google Translator


«  October 2017  »
View posts in large calendar

Tag Cloud

Recent Posts

The opinions expressed herein are my own personal opinions and do not represent my employer's view in anyway.

© Copyright 2017 age fotostock