Freedom of Panorama in the United Kingdom: A Guide to CDPA Section 62

The United Kingdom has one of the most permissive freedom of panorama (FOP) frameworks among major copyright jurisdictions. Under Section 62 of the Copyright, Designs and Patents Act 1988 (CDPA), photographing, filming, broadcasting, and reproducing buildings, sculptures, and certain artistic works permanently situated in public places is broadly permitted — for both commercial and non-commercial use, without authorisation from the copyright holder.

This permissive framework contrasts with the more restrictive positions in France (very narrow FOP) and Italy (limited statutory FOP, with cultural heritage overlay). For comparative analysis, see our companion guides on freedom of panorama in Italy and freedom of panorama in France and Germany. For the broader copyright framework, see our master pillar guide to copyright law in Italy and Europe.

CDPA Section 62: the statutory framework

Section 62 of the Copyright, Designs and Patents Act 1988 provides:

“Representation of certain artistic works on public display”

(1) This section applies to —
(a) buildings, and
(b) sculptures, models for buildings and works of artistic craftsmanship, if permanently situated in a public place or in premises open to the public.

(2) The copyright in such a work is not infringed by —
(a) making a graphic work representing it,
(b) making a photograph or film of it, or
(c) making a broadcast of a visual image of it.

(3) Nor is the copyright infringed by the issue to the public of copies, or the communication to the public, of anything whose making was, by virtue of this section, not an infringement of the copyright.

The provision is structurally simple but its practical scope is broad. Photographers, filmmakers, and content creators can reproduce, distribute, and communicate to the public images of qualifying works without infringing copyright — regardless of whether the use is commercial or non-commercial.

What is covered

Section 62 applies to three categories of works:

• Buildings: architectural works, including modern and contemporary architecture protected by copyright;
• Sculptures and models for buildings: three-dimensional sculptural works, architectural models;
• Works of artistic craftsmanship: a category developed in UK copyright jurisprudence covering items combining artistic merit with craftsmanship (e.g., certain handcrafted furniture, decorative installations).

Two locational requirements apply:

• Permanently situated: the work must be permanently in place, not a temporary installation. Temporary exhibitions and limited-period installations may fall outside Section 62;
• Public place or premises open to the public: streets, squares, parks, public squares, and also premises that are open to the public (museums, galleries, accessible private property where the public can enter).

Permitted uses

For works falling within Section 62, the following uses are permitted without copyright authorisation:

• Drawing, painting, or engraving: making graphic works representing the building or sculpture;
• Photography: still photographs of the work;
• Filming: motion picture and video recording of the work;
• Broadcasting: visual images in television and radio broadcasts;
• Distribution and communication to the public: issue to the public of copies (prints, postcards, books) and communication to the public (websites, social media, streaming).

The broad communication-to-the-public element in Section 62(3) is what makes the UK framework particularly permissive. Once a photograph or film is lawfully made under Section 62(2), it can be distributed and exploited commercially without copyright concerns — including in advertising, stock photography libraries, and commercial publications.

Limitations and excluded categories

Section 62 does not cover all artistic works in public spaces. Excluded categories include:

• Two-dimensional works in public places: paintings, murals, posters, and other 2D works are NOT covered by Section 62. Photographing a mural on a wall and reproducing it commercially may require copyright authorisation;
• Temporary installations: works not “permanently situated” — temporary public art, festival installations, time-limited exhibitions;
• Works inside private premises not open to the public: works in private homes, members-only clubs, or otherwise restricted spaces are not within the public-place requirement;
• Performances: live performances, theatrical productions, dance performances are not covered (different legal framework applies).

For these excluded categories, standard copyright rules apply: reproduction generally requires authorisation from the copyright holder.

Commercial use and the UK position

The key feature distinguishing the UK from continental European jurisdictions is that Section 62 permits commercial use. There is no separate authorisation requirement for selling prints, including images in commercial publications, using photographs in advertising, or licensing through stock photography libraries.

Practical implications:

• UK-based photographers can photograph buildings (including modern architectural works still under copyright) and sell the photographs commercially;
• Stock photography libraries can host UK photographs of UK buildings without licensing the underlying architectural copyright;
• Commercial publications can include photographs of contemporary UK buildings without architect authorisation;
• Films and television productions filmed in UK streets can include incidental and even focal architectural content without copyright licensing.

This contrasts sharply with France (where commercial use typically requires authorisation, with limited exceptions) and Italy (where commercial reproduction of works still under copyright generally requires authorisation when the work is the main subject).

Post-Brexit position

Following Brexit, the UK has retained the CDPA 1988 framework and is not subject to subsequent EU copyright reforms including the DSM Directive 2019/790. The UK FOP framework therefore continues to operate under the broad Section 62 provisions, while continental European jurisdictions are subject to DSM-influenced harmonisation efforts.

For cross-border productions:

• Photographing UK buildings for distribution in the UK: Section 62 applies, broad permission;
• Photographing UK buildings for distribution in Italy or France: Italian or French rules may apply to the act of distribution in those jurisdictions, potentially requiring authorisation that UK law did not require;
• Photographing Italian or French buildings for distribution in the UK: even if UK distribution does not engage continental rules, the original photography was subject to the country-of-origin rules.

For commercial productions distributed internationally, the practical approach is to comply with the most restrictive applicable framework rather than relying on UK Section 62 alone.

Frequently asked questions

Can I freely photograph buildings in the UK for commercial use?

Yes, for buildings, sculptures, and works of artistic craftsmanship permanently situated in public places or premises open to the public. CDPA Section 62 permits both photography and subsequent commercial use without copyright authorisation from the architect or sculptor.

Does Section 62 apply to murals and 2D street art?

No. Section 62 explicitly applies to buildings, sculptures, models for buildings, and works of artistic craftsmanship. Two-dimensional works such as murals, posters, and street paintings are excluded from the exemption. Reproduction of these may require copyright authorisation.

What about temporary public art installations?

Temporary installations typically fall outside Section 62, which requires the work to be “permanently situated”. Festival installations, temporary public art, and limited-duration exhibitions may require copyright authorisation for commercial reproduction.

Can I include photographs of UK buildings in a stock photography library?

Yes, for buildings within Section 62. UK-based stock photography of qualifying works can be distributed commercially without copyright licensing from the architects. However, distribution in other jurisdictions may face different rules.

How does the UK framework differ from Italy and France?

The UK has the most permissive FOP framework: commercial use is broadly permitted under CDPA Section 62. Italy permits non-commercial use but generally requires authorisation for commercial reproduction. France is the most restrictive, with very narrow FOP exceptions and commercial use typically requiring authorisation. See our Italian FOP guide and French and German FOP guide for details.

Does the UK position apply post-Brexit?

Yes. The UK retained CDPA 1988 after Brexit and is not subject to subsequent EU copyright reforms including the DSM Directive 2019/790. UK FOP continues under the broad Section 62 framework.

What if I photograph a UK building and distribute the photos in Italy?

Italian rules may apply to distribution in Italy, potentially requiring authorisation that UK law did not require for the original photography. For cross-border distribution, compliance with the most restrictive applicable jurisdiction is the safe approach.

How DANDI supports cross-border clients

DANDI.media supports photographers, content creators, publishers, advertising agencies, and producers on cross-border FOP and image clearance matters:

• Cross-border clearance analysis: identifying authorisation requirements across UK, Italian, French, and other jurisdictions for the same content;
• Italian distribution of UK-photographed content: clearance of images and films originally taken under UK Section 62 for Italian distribution;
• Stock photography compliance: jurisdictional analysis for stock photography portfolios distributed internationally;
• Commercial production clearance: clearance for advertising, publishing, and audiovisual production projects spanning multiple FOP frameworks.

For an initial consultation, book directly with Avv. Claudia Roggero or Avv. Donato Di Pelino.

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