Freedom of panorama (§ 59 German Copyright Act) allows the photographing and publication of works such as buildings, sculptures, or murals that are permanently located in public spaces without permission. Requirements are: the photograph must be taken from a public space, without special aids, and the work must be permanently installed. When published, attribution is required. The provision applies to both hobbyist and commercial use, but differs internationally.
Section: Photography Basics > 9. Law & Society Article ID: 9.3 Created: May 2026
The essentials at a glance
- Freedom of panorama (§ 59 German Copyright Act) allows the photographing and publication of works that are installed permanently in public spaces
- Requirements: From public property, without special aids, and the work must be permanently installed
- Applies to: Buildings, sculptures, murals, fountains—but also temporary installations such as pavement drawings
Explanation
What is freedom of panorama?
Freedom of panorama (§ 59 German Copyright Act) is a limitation under copyright law: It allows copyrighted works (buildings, artworks) to be photographed and the photos to be published without the permission of the copyright holder—provided that the requirements are met.
Without this provision, photographing many modern buildings, bridges, and artworks in public spaces could be legally problematic, as they may still be protected by copyright.
The three requirements
1. Public vantage point The photo must be taken from a public space: streets, paths, public squares, and accessible parks. Places with restricted access (zoos, cemeteries, parks with opening hours) are also included.
Not permitted: Photographs taken from private property without the owner’s permission.
2. No special aids The photo must not be taken using special aids that go beyond the normal viewing angle: ladders, drones, model aircraft, or double-decker buses used as viewing platforms.
A normal tripod, stepladder, and the photographer’s own height are permitted.
3. Permanence of the work The work depicted must be permanently installed at its location—not temporarily.
| Situation | Does freedom of panorama apply? |
|---|---|
| Modern building in a public square | Yes |
| Sculpture in a public park | Yes |
| Mural/graffiti on a public wall | Yes (provided it is permanent) |
| Pavement drawing, sandcastle | Yes (the intention is permanent, even if the work is impermanent) |
| Wrapped Reichstag (Christo, 2002) | No—temporary installation |
| Temporary light installation | No |
What applies when publishing?
Photos covered by freedom of panorama may be published—but there is a source attribution requirement (§ 63 German Copyright Act). For sculptures or artworks, the artist’s/copyright holder’s name should be provided if identifiable (e.g., from information signs, engravings, or signatures).
Freedom of panorama in other countries
Freedom of panorama does not apply in the same way everywhere. In France, for example, freedom of panorama is significantly more limited—the Eiffel Tower at night (with its lighting display) is protected by copyright, and nighttime photos for commercial use require permission. Before publishing abroad or for an international audience, always check the applicable national laws.
Practical tip
Freedom of panorama applies equally to hobbyist photos and commercial use—there is no distinction. Anyone who wants to use a photo of a modern building for an advertising campaign can invoke § 59 German Copyright Act just as someone who shares the image on Instagram can. Only targeted drone use makes things more complicated (aviation law combined with freedom of panorama).