Revised on 19 October 2026. If you find an error, write to me.
Can you publish a photograph of a sculpture in a square, a mural on a facade, or a painting exhibited in a museum? In Spain, the answer depends mainly on the location and the permanence of the work. Article 35.2 of the Spanish Intellectual Property Act permits the reproduction of certain works installed permanently in public thoroughfares. This exception is commonly referred to as freedom of panorama.
This guide provides general information. It does not replace the analysis of a specific campaign, publication, or work.
1. The text of the law
Article 35.2 of the Spanish Intellectual Property Act states:
“Works situated permanently in parks, streets, squares, or other public thoroughfares may be reproduced, distributed, and communicated freely by means of paintings, drawings, photographs, and audiovisual procedures.”
The provision permits the photographing, filming, drawing, or painting of such works, and the distribution or communication of the result. The Spanish text does not distinguish between commercial and non-commercial purposes. The exception affects the specified exploitation rights; it does not place the work in the public domain, nor does it remove authorship or moral rights.
2. The conditions
To apply the exception, these elements must be verified collectively:
- The work is situated in a park, street, square, or other public thoroughfare. The fact that a location admits visitors does not, in itself, render it a public thoroughfare.
- The installation is permanent. A sculpture placed with the intention of permanence may qualify; an outdoor exhibition lasting for a few weeks presents a different situation.
- The medium employed is provided for in the law. Painting, drawing, photography, or audiovisual procedure. A three-dimensional reproduction of a sculpture does not appear among the listed media.
Permanence does not depend solely upon the work having been in a location for a significant duration. The purpose of the installation and its intended continuity matter. If a work forms part of a temporary exhibition, it is advisable not to presume the exception.
3. Photographing from the street does not always resolve where the work is located
The law refers to works “situated” permanently in public thoroughfares. A work in a private courtyard, in the lobby of a building, or behind a shop window is not automatically covered because it may be viewed from the street. One must distinguish the point from which the image is captured from the location in which the work is installed.
For architecture, sculptures and murals built into facades that face public thoroughfares, the analysis is usually clearer. In spaces with restricted access or private ownership that are open to the public, the answer requires greater caution.
4. Inside a museum
The interior of a museum is not a street, square, park, or other public thoroughfare. Freedom of panorama does not, by itself, authorise the reproduction of works exhibited within.
Before publishing a photograph taken in an exhibition room, several issues must be separated:
- Copyright of the represented work. If it remains protected, reproducing and publishing the image may require authorisation unless another legal limitation applies.
- Photographic rights. A person who takes an original photograph may hold rights in it, without this removing the rights in the work photographed.
- Public domain. If the exploitation rights in a work have expired, authorisation for those rights is no longer needed, although authorship and integrity must still be respected.
- Access regulations. A museum may impose rules regarding photography, flash, tripods, security, or professional usage. Their scope must be distinguished from the copyright of the work itself.
- Reproductions provided by the museum. An image downloaded from an online collection may be subject to its own conditions and photographic rights distinct from those of the work represented.
The guide How to read an image licence and provide attribution explains how to review an image's record. If the reproduction is to form part of an exhibition or a catalogue, see also Reproducing third-party works in an exhibition.
5. Murals and street art
An authorised mural installed permanently on a facade facing a public thoroughfare may fall within the scope of Article 35.2. The exception permits its reproduction via the specified means, but it does not transfer ownership or authorise modification of the original.
The location of the mural, the authorisation for its creation, and its potential removal are distinct matters. The guide Murals and street art: permits, rights and what happens if they are painted over explores these conflicts.
6. Other rights and restrictions
Although freedom of panorama may permit the reproduction of the work, the following may remain relevant:
- The right to one's own image and data protection, if identifiable people appear.
- Trademarks and distinctive signs, depending on the usage and the manner in which they appear.
- Security and access, if obtaining the image involves trespassing, the use of a drone, or the installation of equipment on a public thoroughfare.
- Protected assets and public archives, which may be subject to sectoral regulations for specific uses or methods of capture.
Freedom of panorama does not constitute a general authorisation to enter premises, install equipment, or disregard other regulations.
7. Practical decision
Before publishing, answer the following in writing:
- Where is the work situated?
- Is it installed with the intention of permanence?
- Is the reproduction a photograph, a drawing, a painting, or an audiovisual procedure?
- Do individuals, trademarks, or other elements with their own rights appear?
- Was the image captured in compliance with access and security conditions?
- If Article 35.2 does not apply, is the work in the public domain, is there authorisation, or does another legal limitation apply?
Checklist
- The work is situated on a public thoroughfare.
- Its installation is permanent.
- The method of reproduction is included in Article 35.2.
- I do not conflate a museum open to the public with a public thoroughfare.
- I have reviewed the rights of the individuals, photographs, and trademarks that appear.
- I have retained the information regarding the authorship and provenance of the image.
About the open conversation
The application of Article 35.2 depends on the facts: location, permanence, and method of reproduction. This guide does not resolve specific disputes and is no substitute for legal advice. If you know of a relevant Spanish ruling or spot a regulatory change, you can write to me.