Photography and the law: what precautions to take?

Photography regularly raises legal questions: the right to one’s image, photography of architectural works, and third-party intellectual property. Whenever public or commercial reuse is contemplated, it is essential to understand the applicable rules.

Right to image of individuals

In France, the right to one’s image is protected by Article 9 of the Civil Code (right to privacy). This right belongs to every individual, who may authorise its use free of charge or for consideration.

Authorisation is not required for images connected to a news event (right to information), public figures acting in their official capacity, or persons appearing in a crowd without being identifiable. However, cropping a person out of a crowd requires their consent.

Authorisation is required for photographs taken in a private place, identifiable and isolated individuals, minors (parental consent is always required), and any commercial use.

Photography and architectural works

Original architectural works are protected by copyright (Articles L.112-3 and L.122-3 of the French Intellectual Property Code). If the work is the main subject of the photograph, the architect’s authorisation is required. If it appears only in the background, the accessory doctrine applies.

The panorama exception (introduced by the Loi pour une République numérique) permits photographing architectural works provided there is no commercial exploitation. The owner of a property also has rights over its image (Article 544 of the Civil Code), but may only object if the use causes an abnormal disturbance.

Third-party intellectual property

If a photograph includes works by a third party (other photographs, paintings, artistic installations), that party’s authorisation is required before any dissemination, particularly for commercial purposes. For culinary creations, see the article on copyright and gastronomy. For protected works generally, see the article on works protected by copyright. For an overview, see the intellectual property services page.

Conclusion

The use of photographs is governed by the right to image, copyright and property rights. Caution is required, particularly for any commercial exploitation. If you have questions about a specific situation, book a call.

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