Selfies in the public art gallery and copyright permissions

Abstract

Public art galleries have traditionally prohibited visitors from photographing exhibited artworks. Today, however, photography in the gallery is invariably permitted and commonly encouraged, including visitors taking selfies. Copyright law and practice has generally responded to new techniques of reproduction, such as etchings and photographs, and how those technologies are used in commerce and general society. The selfie is a cultural phenomenon that invites re-examination of some areas of copyright law and practice, notably, permitted acts. Has copyright law, in particular freedom of panorama, kept pace with the phenomenon of selfies in the gallery? This article seeks to answer that question and also considers whether the photography policies of leading public galleries present better ways of engaging with the selfie phenomenon than does the current law.