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In almost all countries, art, architecture, and other works are protected by copyright for a specified period.

That means any photograph taken of such a work during the copyright period is a derivative work, provided (under US law) that the photograph displays the quantum of originality required for copyright protection of a derivative work.

A derivative work usually requires a license from the creator of the work.

We call this exception freedom of panorama (FOP), a phrase derived from the German term Panoramafreiheit.

The works to which the FOP exception applies vary widely from country to country.

The exception generally applies only to works on permanent public display.

In some countries, this is only in outdoor public places; in others it extends to indoor places where admission is charged.

It may cover only architecture, only architecture and sculpture, or all copyrightable works including literary works.

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Note that in every country, even one without an FOP exception, once a work goes out of copyright it may be freely photographed.Also, the exception does not eliminate the need for a license from the photographer.Every building and sculpture we can see in our neighbourhood is subject to the copyright law, as far as it incorporates artistic creativity.The Berne convention, art.2-1 explicitly states so: "The expression "literary and artistic works" shall include [...] works of drawing, painting, architecture, sculpture, engraving and lithography".Usually, the copyright law acts mention such an object explicitly as their subject matter.This is reproduced in national laws (for instance the US Copyright Law in ยง102-8).The owners of buildings should not be assumed to hold the copyright of their buildings.For this reason, in countries without freedom of panorama, Wikimedia Commons requires proof of copyright release from the copyright holder when hosting any images of those buildings.If the owner of a building uploads an image to Commons, presume that they do not own the copyright.Ask them to provide either proof of copyright transfer from the architect to them, or otherwise, ask them to direct the architect to apply a Commons-compatible license to the image.The Berne convention Article 9 explicitly states that: This is the situation for any derivative work based on any artistic creation.

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