Can I sell photos of paintings in a gallery?

I took some photos of art works in a gallery recently. Am I allowed to sell these if I credit the artist on the bottom of the print? Does the same apply to the interior/exterior architecture of the gallery? Thanks.

Maryanne on May 6, 2012

No. A credit on the bottom is not enough, you would need written permission. You are creating a “derivative work” where you have copyright in your photos but the underlying artworks additionally have their own copyright. Hollywood and TV studios face this a lot, and get written permission to use any artwork shown in the movie or show (see The Devil’s Advocate). This would likely be the case for interior shots too, since the artworks are probably visible. You should also get permission from the gallery owner, since you took the photo in their space. Exterior shots may be OK if you took them from a public viewpoint.

derivative work, artwork


Reply by Anonymous

July 17, 2017

Is it okay for me to sell photographs of my own paintings? Kind of like prints but in photo form?

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