Does Photographing Someone Else's Artwork Constitute Copyright Infringement?

Generally, under U.S. copyright law, the person who created a work is the copyright owner. As a result, a photographer who takes a picture would own the rights to the image. But what if the photograph is taken of something where the copyright is owned by another party, such as a work of fine art? In that scenario, the photographer may be liable for copyright infringement. Before you try to publish or profit from a photograph of someone else's artwork, you should know how copyright law may apply and what rights you may have.

What is a Copyright?

A copyright is a form of intellectual property. Virtually all types of creative work can be copyrighted, including literary, musical, pictorial, sculptural, and other works. Importantly, copyright law protects original works of authorship as soon as they are fixed in a tangible medium (i.e., written down or recorded).