Commons:Aerial photography
This page is an essay; it contains the advice and/or opinions of one or more Commons contributors.It is not a Commons policy or guideline, and editors are not obliged to follow it. Please update the page as needed, or discuss it on the talk page.
.jpg)
Aerial photography involves capturing images from an elevated perspective, often using drones, aircraft, or satellites. While this form of photography provides unique and valuable perspectives, it also raises complex legal issues. These issues include copyright in the photographs themselves, potential copyright in objects or structures depicted, privacy concerns, and compliance with national and international regulations governing airspace and aerial imagery.
The legal landscape for aerial photography varies significantly across countries. Restrictions may apply to the depiction of certain buildings, private properties, or sensitive areas such as military installations. Privacy laws often impose additional obligations, especially when individuals are identifiable in aerial images.
Understanding these legal aspects is essential for ensuring that aerial photographs uploaded to Wikimedia Commons comply with copyright and other applicable laws. This page aims to provide an overview of these issues, offering guidance for contributors and resources for further information.
Legal Aspects
[edit]Introduction
[edit]A brief overview of the topic, explaining the importance of understanding legal aspects when uploading aerial photography to Wikimedia Commons.
General Principles
[edit]- Aerial photography can be conducted using drones, aircraft, or satellites.
- National regulations often govern the use of airspace for photography.
- Legal considerations vary depending on the country, including copyright, privacy, and security concerns.
- Important: Freedom of Panorama does usually not apply to aerial photography![1]
Copyright Issues
[edit]Copyright in Aerial Photography
[edit]- The creator of the photograph (typically the photographer or drone operator) holds the copyright to the photograph.
- If a drone is used, ensure you have the right to publish the work, especially for drones operated by third parties.
- Check for any legal limitations on using aerial images commercially.
Copyright of Depicted Works
[edit]- Photographs of copyrighted structures, sculptures, or artworks may constitute derivative works.
- The applicability of Freedom of Panorama (FOP) varies by country and determines whether such photos can be freely uploaded.
- Public domain works can usually be photographed freely, provided no privacy or security laws are violated.
Privacy Concerns
[edit]- Respect privacy laws in your country and others.
- Avoid capturing identifiable individuals without their consent.
- Images of private property taken from public airspace may still be subject to legal restrictions.
National Security and Restricted Areas
[edit]- Some areas, such as military bases or government facilities, may be off-limits for aerial photography.
- Always check for no-fly zones or restricted airspaces before capturing images.
International Overview
[edit]- The legality of aerial photography differs widely across nations.
- Always review local regulations and restrictions before starting a project.
Example: United States
[edit]- Federal Aviation Administration (FAA) regulations govern drone flights and aerial photography.
- Key rules include staying below 400 feet, maintaining visual line-of-sight, and avoiding restricted airspaces.
- Drones must not fly over people or near airports without specific authorization.
Example: Germany
[edit]- German regulations limit the use of drones over residential areas, private property, groups of people, and sensitive locations (like nature reserves).
- Privacy is a significant concern, requiring the photographer to avoid capturing identifiable individuals without consent.
Upload Guidelines for Wikimedia Commons
[edit]- Include metadata for all uploads, such as the date, location, and author of the photograph.
- Ensure that your images comply with local laws on aerial photography and respect copyright, privacy, and security restrictions.
- Provide evidence of permissions or compliance with relevant regulations, where necessary (--> Commons:Volunteer Response Team).
Useful Resources
[edit]- meta:Learning patterns/Using drones for aerial photography for Commons and Wikipedia
- Documentation of a dewiki drone project
- Wikimedia Deutschland info broschure
- Commons:Licensing
- Links to government or legal resources specific to aerial photography.
- Tutorials or guides for editing aerial photographs before uploading.